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MITCHELL v. HUNTSVILLE HOSPITAL

1901093.

598 So.2d 1358 (1992)

J. Wilson MITCHELL v. HUNTSVILLE HOSPITAL.

Supreme Court of Alabama.

May 8, 1992.

Attorney(s) appearing for the Case

J. Wilson Mitchell of Colebeck, Yates, Mitchell & Bernauer, Florence, for appellant.

James P. Smith of Smith & Waldrop, Huntsville, for appellee.

Jack Drake of Drake & Pierce, Tuscaloosa, and Bruce McKee of Hare, Wynn, Newell & Newton, Birmingham, for amicus curiae on rehearing Ala. Trial Lawyers Ass'n.

ON APPLICATION FOR REHEARING

ALMON, Justice.

The opinion released by this Court on March 27, 1992, is withdrawn, and the following is substituted as the opinion of the Court:

J. Wilson Mitchell appeals from a judgment entered, on a stipulation of facts, in favor of Huntsville Hospital. Mitchell's complaint claimed an attorney fee from a sum paid by an insurance company to Huntsville Hospital ("the Hospital"). The Hospital counterclaimed for a declaration...

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