Russell Corporation v. McFadden

Court of Civil Appeals of Alabama

Russell Corporation v. McFadden

725 So. 2d 268, 1998 Ala. Civ. App. LEXIS 737, 1998 WL 787350

CourtCourt of Civil Appeals of Alabama

DecidedNovember 13, 1998

Docket2951252

StatusPublished

This text of 725 So. 2d 268 (Russell Corporation v. McFadden) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Russell Corporation v. McFadden, 725 So. 2d 268, 1998 Ala. Civ. App. LEXIS 737, 1998 WL 787350 (Ala. Ct. App. 1998).

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Opinion

On Remand from the Supreme Court

ROBERTSON, Presiding Judge.

Pursuant to the opinion of the Supreme Court in Ex parte Russell Corp., 725 So.2d 264 (Ala.1998), this cause is remanded to the Montgomery County Circuit Court “for that court to conduct such further proceedings as are necessary for it to make a finding whether McFadden met her burden of proving by ‘clear and convincing’ evidence [see § 25-5-81(c), Ala.Code 1975] that her injury arose out of and in the course of her employment and to enter such orders as the law requires,” and to make return of such findings to this court within 60 days of the date of'this opinion on remand.

REMANDED WITH INSTRUCTIONS.

YATES, MONROE, CRAWLEY, and THOMPSON, JJ., concur.

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On Remand from the Supreme Court

ROBERTSON, Presiding Judge.

Pursuant to the opinion of the Supreme Court in Ex parte Russell Corp., 725 So.2d 264 (Ala.1998), this cause is remanded to the Montgomery County Circuit Court “for that court to conduct such further proceedings as are necessary for it to make a finding whether McFadden met her burden of proving by ‘clear and convincing’ evidence [see § 25-5-81(c), Ala.Code 1975] that her injury arose out of and in the course of her employment and to enter such orders as the law requires,” and to make return of such findings to this court within 60 days of the date of'this opinion on remand.

REMANDED WITH INSTRUCTIONS.

YATES, MONROE, CRAWLEY, and THOMPSON, JJ., concur.

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Bluebook (online)

725 So. 2d 268, 1998 Ala. Civ. App. LEXIS 737, 1998 WL 787350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russell-corporation-v-mcfadden-alacivapp-1998.

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