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EX PARTE J.E. ESTES WOOD CO., INC.

1081728.

42 So.3d 104 (2010)

Ex parte J.E. ESTES WOOD COMPANY, INC., and A.A. Nettles, Sr. Properties, Ltd. (In re Shawnee Terminal Railroad v. J.E. Estes Wood Company, Inc., et al.).

Supreme Court of Alabama.

January 29, 2010.

Attorney(s) appearing for the Case

Christopher G. Hume III and Kathryn W. Drey of Ball, Ball, Matthews & Novak, P.A., Mobile, for petitioner J.E. Estes Wood Company, Inc.

Michael Anthony Shaw of Nix Holtsford Gilliland Higgins & Hitson, P.C., Daphne, for petitioner A.A. Nettles, Sr. Properties, Ltd.

William E. Bonner and Brian P. McCarthy of McDowell, Knight, Roedder & Sledge, LLC, Mobile, for respondent.

WOODALL, Justice.

J.E. Estes Wood Company, Inc. ("Estes"), a timber-management company, and A.A. Nettles, Sr. Properties, Ltd. ("Nettles"), petition this Court for a writ of mandamus directing the Monroe Circuit Court to vacate an order denying their motion to dismiss, pursuant to Ala.Code 1975, § 6-5-440, the action of Shawnee Terminal Railroad ("Shawnee") against them. We grant the petition and issue the writ.

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