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PIKE v. SOUTHERN BELL TELEPHONE AND TELEGRAPH CO.

6 Div. 470.

81 So.2d 254 (1955)

May PIKE v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY.

Supreme Court of Alabama.

Rehearing Denied May 19, 1955.

Further Rehearing Denied June 23, 1955.

Attorney(s) appearing for the Case

Gibson, Hewitt & Gibson, Birmingham, for appellant.

Edw. W. Smith and John A. Boykin, Jr., Atlanta, Ga., and Lange, Simpson, Robinson & Somerville, Birmingham, for appellee.

Copeland & Copeland, Gadsden, Jas. H. Willis, Birmingham, amici curiae.

MAYFIELD, Justice.

A statement of this case appears in the dissenting opinion. The primary question here for consideration is whether or not the appellee Telephone Company was justified in removing the appellant's telephone. The appellee's asserted justification of this act was that it had received notification from Eugene "Bull" Connor, Commissioner of Public Safety of the City of Birmingham, that this telephone was being used for "illegal purposes".

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