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Dowdle Butane Gas Company

12/5/2002

rts causes of action for spoliation against all three defendants, the circuit court's order granting leave to amend is reversed. However, the circuit court did not abuse its discretion in allowing Moore to bring the remaining claims against Reliance and McDowell. Therefore, to the extent the court's order granting leave to amend allows Moore to asserts such other claims, the order is affirmed. This matter is remanded for further proceedings consistent with our opinion.


. AFFIRMED IN PART; REVERSED AND REMANDED IN PART.


WALLER, COBB, CARLSON AND GRAVES, JJ., CONCUR. McRAE, P.J., DISSENTS WITHOUT SEPARATE WRITTEN OPINION. DIAZ AND EASLEY, JJ., CONCUR IN PART AND DISSENT IN PART WITHOUT SEPARATE WRITTEN OPINION. PITTMAN, C.J., NOT PARTICIPATING.






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