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EX PARTE SIMPSON

1080981 and 1081027.

36 So.3d 15 (2009)

Ex parte Stan SIMPSON, individually and as mayor of the Town of Gurley. (In re M & N Materials, Inc. v. Town of Gurley et al.). Ex parte Town of Gurley. (In re M & N Materials, Inc. v. Town of Gurley et al.).

Supreme Court of Alabama.

October 16, 2009.

Attorney(s) appearing for the Case

C. Winston Sheehan, Jr., Jack Owen, and Alison Alford Ingram of Ball, Ball, Matthews & Novak, P.A., Montgomery, for petitioner Stan Simpson.

James A. Kee, Jr., and Angela Collier Shields of Kee & Selby, LLP, Birmingham, for petitioner Town of Gurley.

Rebekah Keith McKinney of Watson, McKinney & Artrip, LLP, Huntsville; and Michael A. Vercher of Christian & Small LLP, Birmingham, for respondent M&N Materials.

Judge Karen K. Hall, Huntsville, as respondent.

WOODALL, Justice.

The Town of Gurley ("the Town") and Stan Simpson, individually and as mayor of the Town, separately petition this Court for writs of mandamus directing the trial court to grant their motions for a summary judgment as to all claims brought against them by M & N Materials, Inc. ("M & N"). We deny the petitions in part and grant them in part.

I. Factual and Procedural Background

M & N was formed in 2003. At that...

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