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CITY OF BIRMINGHAM v. LEE

6 Div. 930.

48 So.2d 47 (1950)

CITY OF BIRMINGHAM v. LEE et al.

Supreme Court of Alabama.

October 12, 1950.

Attorney(s) appearing for the Case

Thos. E. Huey, Jr., Acting City Atty., Mayer U. Newfield, Asst. City Atty., and Maurice F. Bishop, all of Birmingham, for appellant and intervener Merrill.

Bainbridge & Mims, Birmingham, for Personnel Board.

Chester Austin, Birmingham, for intervening defendants.

Lawrence K. Andrews, Union Springs, for Alabama League of Municipalities, amicus curiæ.

STAKELY, Justice.

This is a proceeding instituted by the Commissioners of the City of Birmingham against the members of the Personnel Board of Jefferson County and against its Director of Personnel for a declaration by declaratory judgment of the rights of Lem D. Merrill to the position of Superintendent of Streets and Garbage of the City of Birmingham. Lem D. Merrill intervened as petitioner. J. T. Waggoner, John Branyon and S. T. Johnson intervened as defendants...

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