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BATES v. STEWART

1100063, 1101452 and 1101456.

99 So.3d 837 (2012)

George BATES and David Joyner v. Donald W. STEWART, individually and as trustee of the Abernathy Trust, and the Abernathy Trust Foundation. Ex parte Donald W. Stewart, Donald W. Stewart, P.C., and Kasowitz, Benson, Torres & Friedman LLP. In re: Sabrina Abernathy et al. v. Monsanto Company et al. Donald W. Stewart, Donald W. Stewart, P.C., and Kasowitz, Benson, Torres & Friedman LLP v. Sabrina Abernathy et al.

Supreme Court of Alabama.

Rehearing Denied June 22, 2012.

Attorney(s) appearing for the Case

William E. Rutledge of Rutledge & Yaghmai, Birmingham, for appellants George Bates and David Joyner (1100063).

Ed R. Haden , Teresa G. Minor , Sean W. Shirley , and Jason B. Tompkins of Balch & Bingham LLP, Birmingham, for petitioners/appellants Donald W. Stewart, Donald W. Stewart, P.C., and Kasowitz, Benson, Torres & Friedman LLP (1101452 and 1101456).

Andrew P. Campbell and Jason R. Smith of Leitman, Siegal, Payne & Campbell, P.C., Birmingham, for appellees Donald Stewart, individually and as trustee of the Abernathy Trust, and the Abernathy Trust Foundation (1100063).

William Eugene Rutledge and Gregory F. Yaghmai of Rutledge & Yaghmai, Birmingham, for respondents/appellees Sabrina Abernathy et al. (1101452 and 1101456).

MAIN, Justice.

These three appellate proceedings have been consolidated for purposes of writing one opinion. The action underlying the first appeal (case no. CV-10-900165) was filed in the Etowah Circuit Court on April 15, 2010, by George Bates and David Joyner against Donald W. Stewart, individually and as trustee of the Abernathy trust, and the Abernathy Trust Foundation (hereinafter referred to as "the Foundation"). In appeal no. 1100063, Bates and Joyner appeal...

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