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EX PARTE ALABAMA POWER CO.

1091421.

79 So.3d 575 (2011)

Ex parte ALABAMA POWER COMPANY. (In re Capitol Container, Inc. v. Alabama Power Company).

Supreme Court of Alabama.

August 19, 2011.

Attorney(s) appearing for the Case

James A. Byram, Jr. , and Robin G. Laurie of Balch & Bingham LLP, Montgomery; and Ed R. Haden and Scott B. Grover of Balch & Bingham LLP, Birmingham, for petitioner.

Kenneth J. Mendelsohn of Jemison & Mendelsohn, P.C., Montgomery, for respondent.

MAIN, Justice.

Alabama Power Company ("Alabama Power"), the defendant in an action filed by Capitol Container, Inc. ("Capitol"), has filed a petition for a writ of mandamus, asking this Court to direct the trial court to dismiss Capitol's claims against Alabama Power for lack of subject-matter jurisdiction. Alabama Power argues that the Alabama Public Service Commission ("the APSC") has exclusive jurisdiction over those claims and that Capitol failed to exhaust its...

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