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CITY OF BESSEMER v. BIRMINGHAM ELECTRIC CO.

6 Div. 743.

40 So.2d 193 (1949)

CITY OF BESSEMER v. BIRMINGHAM ELECTRIC CO.

Supreme Court of Alabama.

April 21, 1949.

Attorney(s) appearing for the Case

Wm. S. Pritchard, Winston B. McCall, and Victor H. Smith, all of Birmingham, and H. P. Lipscomb, Jr., of Bessemer, for appellant.

White, Bradley, Arant & All, of Birmingham, for appellee.

STAKELY, Justice.

Upon consideration we have concluded that the Constitution of 1901 became effective on November 28, 1901. As we shall undertake to show, this determination is decisive of the questions presented. The case is on appeal here from a decree of the equity court sustaining the demurrer to the bill of complaint as amended.

This is the second appeal of the case to this court. For an understanding of the case as presented on this appeal reference...

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