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TERRY v. TOWN OF HANCEVILLE

6 Div. 390.

109 So.2d 842 (1959)

Ike TERRY v. TOWN OF HANCEVILLE.

Supreme Court of Alabama.

March 12, 1959.

Attorney(s) appearing for the Case

R. L. Almon and Thos. C. Pettus, Moulton, for appellant.

St. John & St. John, Cullman, for appellee.

MERRILL, Justice.

Appeal from an interlocutory decree overruling demurrer to bill of complaint.

The complainant, Town of Hanceville, seeks a mandatory injunction requiring the respondent, Ike Terry, to remove a "canopy, awning or overhanging shelter" from the right-of-way of U. S. Highway No. 31 within the corporate limits of the Town of Hanceville; that U. S. Highway No. 31 is a public street and dedicated to the use of the public; and that the overhanging...

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