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ALABAMA DEPT. OF CORRECTIONS v. MERRITT

2081084.

74 So.3d 1 (2010)

ALABAMA DEPARTMENT OF CORRECTIONS et al. v. Jerry Mack MERRITT et al. Jerry Mack Merritt et al. v. Alabama Department of Corrections et al.

Court of Civil Appeals of Alabama.

October 15, 2010.

Attorney(s) appearing for the Case

Troy King , atty. gen. and James W. Davis , asst. atty. gen.; and Albert S. Butler , asst. gen. counsel, Alabama Department of Corrections, for appellants/cross-appellees Department of Corrections et al.

Henry L. Penick of H.L. Penick & Associates, P.C., Birmingham, for appellees/cross-appellants Jerry Mack Merritt et al.

On Application for Rehearing

PER CURIAM.

The opinion of June 18, 2010, is withdrawn, and the following is substituted therefor.

The Alabama Department of Corrections ("the department"); Richard Allen, commissioner of the Department of Corrections; Governor Bob Riley; Mr. Carter,1 director of the Mobile Work Release Center; and Mr. Reynolds,2 director of the Loxley Work Release Center...

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