03/27/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2002-CA-00130-SCT

Teresa Malone d/b/a Malone Ambulance Service v. Leake County Board of Supervisors; William C. Brock, in His Official Capacity as Supervisor and in His Individual Capacity; H.V. Neal, in His Official Capacity as a Supervisor and in His Individual Capacity; Davis Gill, in His Official Capacity as a Supervisor and in His Individual Capacity; Oliver Smith, in His Official Capacity as a Supervisor and in His Individual Capacity; Joe Andy Helton, in His Official Capacity as a Supervisor Only; and H.L. Goolsby d/b/a Carthage Ambulance Service; Leake Circuit Court; LC Case #: 01-CV-015-LE; Ruling Date: 01/07/2002; Ruling Judge: V. Cotten; Majority Opinion: Graves, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Easley and Carlson, JJ., Concur. McRae, P.J., and Diaz, JJ., not participating.

Nancy Necaise, Individually and on Behalf of the Wrongful Death Beneficiaries of Charles Freeman, Deceased v. Matthew Sacks, M.D. and The Medical Oncology Group, P.A.; Hancock Circuit Court; LC Case #: 98-0253; Ruling Date: 01/02/2002; Ruling Judge: Robert Walker; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Easley and Graves, JJ., Concur. Diaz, J., Concurs in Result Only. McRae, P.J., not participating.

Jason Daniel Jones v. State of Mississippi; Washington Circuit Court; LC Case #: 25,966; Ruling Date: 04/06/2000; Ruling Judge: W. Hines; Majority Opinion: Diaz, J. Disposition: Conviction of Capital Murder and Sentence of Life Imprisonment, Without the Possibility of Parole, in the Custody of the Mississippi Department of Corrections, Affirmed. Washington County taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Easley, Carlson and Graves, JJ., Concur.

Charles L. Donaldson v. Covington County, Mississippi; Covington Circuit Court; LC Case #: C-99-0090; Ruling Date: 08/22/2001; Ruling Judge: Robert Evans; Majority Opinion: Pittman, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, P.J., Waller, Cobb, Carlson and Graves, JJ., Concur. Diaz, J., Concurs in Result Only. McRae, P.J., and Easley, J., Dissent Without Separate Written Opinion.

Mack Trucks, Inc. and Cummins Engine Company, Inc. v. Bobbi Tackett, Wrongful Death Beneficiary of Tony Joe Murphree; Lee Circuit Court; LC Case #: 95138 ; Ruling Date: 11/26/1997; Ruling Judge: Barry Ford; Disposition: The motion for rehearing filed by Bobbi Tackett is granted. The original opinions are withdrawn, and this opinion is substituted therefor.

Mack Trucks, Inc. and Cummins Engine Company, Inc. v. Bobbi Tackett, Wrongful Death Beneficiary of Tony Joe Murphree; Lee Circuit Court; LC Case #: 95138 ; Ruling Date: 11/26/1997; Ruling Judge: Barry Ford; Disposition: Appellee's Motion to Rule on Petition for Rehearing, Motion for Expedited Appeal and Motion for Extraordinary Relief are dismissed as moot. Order entered.

Mack Trucks, Inc. and Cummins Engine Company, Inc. v. Bobbi Tackett, Wrongful Death Beneficiary of Tony Joe Murphree; Lee Circuit Court; LC Case #: 95138 ; Ruling Date: 11/26/1997; Ruling Judge: Barry Ford; Majority Opinion: Cobb, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller and Carlson, JJ., Concur. Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. McRae, P.J., Dissents With Separate Written Opinion, Joined by Diaz and Easley, JJ. Dissenting Opinion: McRae, P.J. Votes: Diaz and Easley, JJ., Join This Opinion.

Howard Clayborne McDonald, Jr. v. Rosemary Sheffield McDonald; Lee Chancery Court; LC Case #: 950437; Ruling Date: 08/03/1999; Ruling Judge: William Griffin, Jr.; Consolidated with 1999-CT-00848-SCT Howard Clayborne McDonald, Jr. v. Rosemary Sheffield McDonald; Lee Chancery Court; LC Case #: 950437; Ruling Date: 03/17/1999; Ruling Judge: William Griffin, Jr.; Consolidated with 1999-CT-01259-SCT Howard Clayborne McDonald, Jr. v. Rosemary Sheffield McDonald; Lee Chancery Court; LC Case #: 950437; Ruling Date: 07/14/1999; Ruling Judge: William Griffin, Jr.; Disposition: Petition for writ of certiorari filed by Howard Clayborne McDonald, Jr., is granted. To Grant: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Easley and Carlson, JJ. To Deny: Graves, J. Order entered.

Ray Skates v. Jeffery Bryant and Sheree Bryant; Adams Chancery Court; LC Case #: 97-609; Ruling Date: 02/11/2000; Ruling Judge: Percy Lynchard, Jr.; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by Ray Skates is extended until May 1, 2003. A final decision on whether to grant or deny the petition shall be entered on or before May 1, 2003. Order entered.

Robert Tubwell a/k/a Robert E. Tubwell a/k/a Robert Earl Tubwell v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-00-412; Ruling Date: 10/04/2000; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed pro se by Robert Tubwell is denied. To Deny: All Justices. Order entered.

Roy Adams a/k/a Roy Lee Adams v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: G-369; Ruling Date: 12/15/2000; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed pro se by Roy Adams is denied. To Deny: All Justices. Order entered.

William Alton Hester a/k/a William Alton Hester, Sr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 2000-10,447(3); Ruling Date: 02/16/2001; Ruling Judge: Dale Harkey; Disposition: Petition for writ of certiorari filed by William Alton Hester is denied. To Deny: All Justices. Order entered.

In The Matter of the Extension of the Boundaries of The City of Hattiesburg, Mississippi: Lamar County, Mississippi , Lamar County Mississippi Board of Supervisors, Dennis Pierce, Inc., Dennis Pierce, Individually, Oak Grove Concerned Citizens, Inc., Thomas Price, Melva Maples, Craig Flanagan, David Cox, Bill Hover and Joyce Hover v. City of Hattiesburg, Mississippi; Lamar Chancery Court; LC Case #: 99-0427-Th; Ruling Date: 03/22/2001; Ruling Judge: Thomas Teel; Disposition: Appellants' motion for rehearing is denied. Easley, J., would grant. Pittman, C.J., not participating.

City of Belmont, City of Calhoun City, City of Canton, City of Corinth, City of Greenville, City of Grenada, City of Gulfport, City of Houston, City of Indianola, City of Jackson, City of Kosciusko, City of Newton, City of Ocean Springs, City of Pearl, and City of Waynesboro v. Mississippi State Tax Commission and Edward H. Buelow, Jr., Chairman; Hinds Circuit Court 1st District; LC Case #: 251-99-1127CIV; Ruling Date: 04/06/2001; Ruling Judge: W. Yerger; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller and Cobb, JJ., Concur. Graves, J., Concurs in Result Only. McRae, P.J. and Diaz, J., Dissent With Separate Written Opinions to Follow. Easley, J., not participating.

Jessie R. Edwards v. World Wide Personnel Services, Inc. and Broome Construction Co ; Forrest Circuit Court; LC Case #: CI99-0133; Ruling Date: 07/25/2001; Ruling Judge: Richard McKenzie; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by Jessie Ralph Edwards is extended until May 9, 2003. A final decision on whether to grant or deny the petition shall be entered on or before May 9, 2003. Order entered.

Compere's Nursing Home and Mississippi Health Care Association v. Willie Jean Hamlehdary; Hinds Circuit Court 1st District; LC Case #: 251-00-292; Ruling Date: 05/26/2001; Ruling Judge: James Graves, Jr.; Disposition: Petition for writ of certiorari filed by Compere's Nursing Home and Mississippi Health Care Association is denied. To Deny: Pittman, C.J., McRae, P.J., Waller, Cobb, Diaz, Easley and Carlson, JJ. To Grant: Smith, P.J. Not Participating: Graves, J. Order entered.

Steve Bryan v. Mayor and Board of Aldermen, City of Madison, Mississippi; Madison Circuit Court; LC Case #: CI-94-0102; Ruling Date: 06/07/2001; Ruling Judge: Lee Howard; Consolidated with 97-CA-01205-SCT City of Madison v. Steve Bryan; Madison Circuit Court; LC Case #: 940102; Ruling Date: 08/28/1997; Ruling Judge: John Toney; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Cobb and Easley, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. McRae and Smith, P.JJ., Waller and Diaz, JJ., not participating.

Donald Ray Pitts v. State of Mississippi; Wayne Circuit Court; LC Case #: 01-082-K; Ruling Date: 08/24/2001; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed by Donald Ray Pitts is denied. To Deny: All Justices. Order entered.

In Re: Tyco International (US) Inc., Grinnell Corporation and Anderson Greenwood & Co.; Jones Circuit Court 2nd District; LC Case #: 2002-2-CV1; Ruling Judge: Billy Landrum; Disposition: Motion to Withdraw Petition for Extraordinary Writ of Prohibition and/or Mandamus filed by Petitioners is granted. Renewed Motion for En Banc Consideration of Petition for Extraordinary Writ of Prohibition and the Renewed Motion to Consolidate Petitions for Extraordinary Writ of Prohibition and/or Mandamus filed by Petitioners are withdrawn upon entry of this order. Order entered.

In Re: Tyco International (US) Inc., Grinnell Corporation and Anderson Greenwood & Co.; Jones Circuit Court 2nd District; LC Case #: 2002-2-CV1; Ruling Judge: Billy Landrum; Disposition: Motion to Withdraw Petition for Extraordinary Writ of Prohibition and/or Mandamus filed by Petitioners is granted. Renewed Motion for En Banc Consideration of Petition for Extraordinary Writ of Prohibition and the Renewed Motion to Consolidate Petitions for Extraordinary Writ of Prohibition and/or Mandamus filed by Petitioners are withdrawn upon entry of this order. Order entered.

In Re: A.W. Chesterson Company, Clark-Reliance Corp., for and on behalf of itself and as successor in interest to V.D. Anderson Co., Reliance Gauge Column Co., Clark Manufacturing Co., Jacoby-Tarbox Corp. and Jerguson Gage and Valve Company, White Consolidated Industries, Inc., Spirax-Sarco, Inc., Spirax-Sarco Engineering, PLC, SPX Corporation, only on behalf of its subsidiary, Copes Vulcan, Inc., Copes-Vulcan , Inc., AB Electrolux, IMO Industries f/k/a IMO DeLaval, Transamerica Delaval, and DeLaval Turbin; Colfax Corporation, Norton Company n/k/a Saubt-Gobain Abrasives, Inc.; Siebe North, Inc. n/k/a North Safety Products, Inc.; Textron, Inc., The Foxboro Company, Edward Vogt Valve Co.; Reunion Industries, Inc.; and Rockwell Automation, Inc. formerly named Rockwell International Corporation, and successor by merger to Allen-Bradley Co.; Jones Circuit Court 2nd District; LC Case #: 2002-5-CV2; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus filed by Petitioners is granted. Judge Landrum is ordered to recuse from further proceedings in cause nos. 2002-97-CV-2, 2002-3, 2002-31-CV1, 2002-2-CV1 and 2001-3-CV1, Circuit Court of Jones County. Motion for Leave to File Supplemental Brief filed by Petitioners is granted. To Grant Petition for Extraordinary Writ of Prohibition: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. To Deny Petition for Extraordinary Writ of Prohibition: McRae, P.J. To Grant Motion for Leave to File Supplemental Brief: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb and Carlson, JJ. Not Participating: Diaz, Easley and Graves, JJ. Order entered.

In Re: GE Life and Annuity Assurance Company f/k/a The Life Insurance Company of Virginia; Jones Circuit Court 2nd District; LC Case #: 94-5-53; Ruling Judge: Billy Landrum; Disposition: Motion for Leave to File Reply in Support of Petition filed by Petitioner is granted. Petition for Extraordinary Writ of Prohibition filed by Petitioner is denied. To Deny the Petition for Extraordinary Writ of Prohibition: Pittman, C.J., McRae and Smith, P.JJ., Waller and Carlson, JJ. To Grant the Petition for Extraordinary Writ of Prohibition: Cobb, J. To Grant Motion for Leave to File Reply: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb and Carlson, JJ. Not Participating: Diaz, Easley and Graves, JJ. Order entered.

In Re: GE Life and Annuity Assurance Company f/k/a The Life Insurance Company of Virginia; Jones Circuit Court 2nd District; LC Case #: 94-5-53; Ruling Judge: Billy Landrum; Disposition: Motion for Leave to File Reply in Support of Petition filed by Petitioner is granted. Petition for Extraordinary Writ of Prohibition filed by Petitioner is denied. To Deny the Petition for Extraordinary Writ of Prohibition: Pittman, C.J., McRae and Smith, P.JJ., Waller and Carlson, JJ. To Grant the Petition for Extraordinary Writ of Prohibition: Cobb, J. To Grant Motion for Leave to File Reply: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb and Carlson, JJ. Not Participating: Diaz, Easley and Graves, JJ. Order entered.

In Re: Arvin Meritor, Inc.; Clark-Reliance Corp., for and on behalf of itself and as successor in interest to V.D. Anderson Co., Reliance Gauge Column Co., Clark Manufacturing Co., Jacoby-Tarbox Corp., Jegurson Gage and Valve Company; Colfax Corporation; The Foxboro Company n/k/a Invensys Systems, Inc.; Norton Company n/k/a Saint-Cobain Abrasives, Inc., White Consolidated Industries, Inc., Spirax-Sarco, Inc. f/k/a Sarco Co., Inc., Spirax-Sarco Engineering, PLC, SPX Corporation, only on behalf of its subsidiary, Copes Vulcan, Inc., Reunion Industries, Inc., individually and as successor in interest to Oneida Molded Plastics and Rostone Corporation, Rockwell Automation, Inc. as successor by merger to and Allen-Bradley Co., LLC.; Jones Circuit Court 2nd District; LC Case #: 2002-144-CV4; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus filed by Petitioners is granted. Judge Landrum is ordered to recuse from further proceedings in cause no. 2002-144-CV4, Circuit Court of Jones County, Second Judicial District. Motion for Procedural Relief filed by Petitioners is dismissed as moot. To Grant Petition for Extraordinary Writ of Prohibition: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. To Deny Petition for Extraordinary Writ of Prohibition: McRae, P.J. To Dismiss Motion for Procedural Relief as Moot: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. Not Participating: Diaz, Easley and Graves, JJ. Order entered.

In Re: Arvin Meritor, Inc.; Clark-Reliance Corp., for and on behalf of itself and as successor in interest to V.D. Anderson Co., Reliance Gauge Column Co., Clark Manufacturing Co., Jacoby-Tarbox Corp., Jegurson Gage and Valve Company; Colfax Corporation; The Foxboro Company n/k/a Invensys Systems, Inc.; Norton Company n/k/a Saint-Cobain Abrasives, Inc., White Consolidated Industries, Inc., Spirax-Sarco, Inc. f/k/a Sarco Co., Inc., Spirax-Sarco Engineering, PLC, SPX Corporation, only on behalf of its subsidiary, Copes Vulcan, Inc., Reunion Industries, Inc., individually and as successor in interest to Oneida Molded Plastics and Rostone Corporation, Rockwell Automation, Inc. as successor by merger to and Allen-Bradley Co., LLC.; Jones Circuit Court 2nd District; LC Case #: 2002-144-CV4; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus filed by Petitioners is granted. Judge Landrum is ordered to recuse from further proceedings in cause no. 2002-144-CV4, Circuit Court of Jones County, Second Judicial District. Motion for Procedural Relief filed by Petitioners is dismissed as moot. To Grant Petition for Extraordinary Writ of Prohibition: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. To Deny Petition for Extraordinary Writ of Prohibition: McRae, P.J. To Dismiss Motion for Procedural Relief as Moot: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. Not Participating: Diaz, Easley and Graves, JJ. Order entered.

In Re: Siebe North, Inc., North Safety Products, Inc. and Textron, Inc.; Jones Circuit Court 2nd District; LC Case #: 2002-98-CV2; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus filed by Petitioners is granted. Judge Landrum is ordered to recuse from further proceedings in cause no. 2002-98-CV2, Circuit Court of Jones County, Second Judicial District. To Grant Petition for Extraordinary Writ of Prohibition: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. To Deny Petition for Extraordinary Writ of Prohibition: McRae, P.J. Not Participating: Diaz, Easley and Graves, JJ. Order entered.

In Re: Grinnell Corporation and Wm. Powell Corporation; Jones Circuit Court 2nd District; LC Case #: 2002-144-CV4; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus filed by Petitioners is granted. Judge Landrum is ordered to recuse from further proceedings in cause no. 2002-144-CV4, Circuit Court of Jones County, Second Judicial District. Renewed Motion to Consolidate filed by Petitioners is denied. To Grant Petition for Extraordinary Writ of Prohibition: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. To Deny Petition for Extraordinary Writ of Prohibition: McRae, P.J. To Deny Renewed Motion to Consolidate: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb and Carlson, JJ. Not Participating: Diaz, Easley and Graves, JJ. Order entered.

In Re: 3M Company, Formerly Known As Minnesota Mining and Manufacturing Company; Jones Circuit Court 2nd District; LC Case #: 2002-97-CV2; Ruling Judge: Billy Landrum; Disposition: Motion for Leave to File Reply in Support of Petition filed by Petitioner is granted. Petition for Extraordinary Writ of Prohibition filed by the Petitioner is denied. To Deny Petition for Extraordinary Writ of Prohibition: Pittman, C.J., McRae, P.J., Waller and Carlson, JJ. To Grant Petition for Extraordinary Writ of Prohibition: Smith, P.J., and Cobb, J. To Grant Motion for Leave to File Reply: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb and Carlson, JJ. Not Participating: Diaz, Easley and Graves, JJ. Order entered.

In Re: 3M Company, Formerly Known As Minnesota Mining and Manufacturing Company; Jones Circuit Court 2nd District; LC Case #: 2002-97-CV2; Ruling Judge: Billy Landrum; Disposition: Motion for Leave to File Reply in Support of Petition filed by Petitioner is granted. Petition for Extraordinary Writ of Prohibition filed by the Petitioner is denied. To Deny Petition for Extraordinary Writ of Prohibition: Pittman, C.J., McRae, P.J., Waller and Carlson, JJ. To Grant Petition for Extraordinary Writ of Prohibition: Smith, P.J., and Cobb, J. To Grant Motion for Leave to File Reply: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb and Carlson, JJ. Not Participating: Diaz, Easley and Graves, JJ. Order entered.

In Re: Saint-Gobain Abrasives, Inc. f/k/a Norton Company; Jones Circuit Court 2nd District; LC Case #: 2002-167-CV5; Ruling Judge: Billy Landrum; Disposition: Motion for Leave to File Supplemental Brief in Support of Response filed by Respondents is granted. Petition for Extraordinary Writ of Prohibition and/or Mandamus filed by petitioner is granted. Judge Landrum is ordered to recuse from further proceedings in cause no. 2002-167-CV5, Circuit Court of Jones County, Second Judicial District. To Grant Petition for Extraordinary Writ of Prohibition: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. To Deny Petition for Extraordinary Writ of Prohibition: McRae, P.J. To Grant Motion for Leave to File Supplemental Brief: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb and Carlson, JJ. Not Participating: Diaz, Easley and Graves, JJ. Order entered.

In Re: Saint-Gobain Abrasives, Inc. f/k/a Norton Company; Jones Circuit Court 2nd District; LC Case #: 2002-168-CV5; Ruling Judge: Billy Landrum; Disposition: Motion for Leave to File Supplemental Brief in Support of Response filed by Respondents is granted. Petition for Extraordinary Writ of Prohibition and/or Mandamus filed by Petitioner is granted. Judge Landrum is ordered to recuse from further proceedings in cause no. 2002-168-CV5, Circuit Court of Jones County, Second Judicial District. To Grant Petition for Extraordinary Writ of Prohibition: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. To Deny Petition for Extraordinary Writ of Prohibition: McRae, P.J. To Grant Motion for Leave to File Supplemental Brief: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb and Carlson, JJ. Not Participating: Diaz, Easley and Graves, JJ. Order entered.

In Re: A. W. Chesterton Company, Colfax Corporation and IMO Industries, Inc. f/k/a Delaval Turbine, Inc.; Jones Circuit Court 1st District; LC Case #: 2002-167-CV5; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus filed by Petitioners is granted. Judge Landrum is ordered to recuse from further proceedings in cause no. 2002-15-CV4, Circuit Court of Jones County, First Judicial District. To Grant Petition for Extraordinary Writ of Prohibition: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. To Deny Petition for Extraordinary Writ of Prohibition: McRae, P.J. Not Participating: Diaz, Easley and Graves, JJ. Order entered.

In Re: A. W. Chesterton Company, Clark-Reliance Corporation, Colfax Corporation, Edward Vogt Valve, Inc., Ferro Corporation, Foxboro Co., Reunion Industries, Inc. (sued in its own name and in the name of its unincorporated division ORC Plastics), Rockwell Automation, successor by merger to Allen-Bradley Co., LLC (erroneously named separately in the complaint as Rockwell International and Allen-Bradley Co., LLC), SPX Corporation only on behalf of its Copes-Vulcan division, incorrectly sued as DeZurik, individually and as successor in interest to Copes-Vulcan, Inc., A. B. Electrolux, Spirax-Sarco, Inc., Spirax-Sarco Engineering, PLC, Edward Valves Co., Vogt Valves and ArvinMeritor; Jones Circuit Court 2nd District; LC Case #: 2002-141-CV4; Ruling Judge: Billy Landrum; Disposition: Petition for Extraordinary Writ of Prohibition and/or Mandamus filed by Petitioners is granted. Judge Landrum is ordered to recuse from further proceedings in cause no. 2002-141-CV4, Circuit Court of Jones County, Second Judicial District. To Grant Petition for Extraordinary Writ of Prohibition: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. To Deny: McRae, P.J. Not Participating: Diaz, Easley and Graves, JJ. Order entered.

Georgia-Pacific Corporation, Inc. v. Dolly Dimple Jones Mooney, Wiley Dorman Jones and Diane Jones Moore; Smith Circuit Court; LC Case #: 97-0036, 97-0044, 98-0027; Ruling Date: 11/21/2002; Ruling Judge: Robert Evans; Disposition: All proceedings involving Georgia-Pacific Corporation and Georgia-Pacific Resins, Inc., are hereby stayed. The respondents shall respond within seven (7) days of entry of this order as to why the case against Georgia-Pacific Resins, Inc., should proceed. Not Participating: Diaz and Easley, JJ. Order entered.

Georgia-Pacific Corporation, Inc. v. Dolly Dimple Jones Mooney, Wiley Dorman Jones and Diane Jones Moore; Smith Circuit Court; LC Case #: 97-0036, 97-0044, 98-0027; Ruling Date: 11/21/2002; Ruling Judge: Robert Evans; Disposition: All proceedings involving Georgia-Pacific Corporation and Georgia-Pacific Resins, Inc., are hereby stayed. The respondents shall respond within seven (7) days of entry of this order as to why the case against Georgia-Pacific Resins, Inc., should proceed. Not Participating: Diaz and Easley, JJ. Order entered.