Legal Opinion · Concurrence

KGS Steel, Inc. v. McInish

Court of Civil Appeals of Alabama

Decided June 30, 2006No. 2040526Published

1ConcurrenceMurdock, Judge

I concur in the result reached by the lead opinion. I do not agree with the manner in which the lead opinion reaches that result.

Were the lead opinion to be joined by a majority of the judges of this court, it would disturb what heretofore have been the most fundamental and settled of principles governing appellate review — principles that are firmly established in workers’ compensation cases, just as they are in civil cases generally. I also am compelled to respond to what I believe to be mischar-acterizations by the lead opinion of the holdings of this court in International Paper Co. v.…

2Cases cited29 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  3. West v. Founders Life Assur. Co. of FloridaSupreme Court of Alabama · 1989
  4. Curley v. United StatesCourt of Appeals for the D.C. Circuit · 1947
  5. Ex Parte Trinity Industries, Inc.Supreme Court of Alabama · 1996

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