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ALABAMA ICE & UTILITIES CO. v. CITY OF MONTGOMERY

3 Div. 508.

40 So.2d 198 (1949)

ALABAMA ICE & UTILITIES CO. v. CITY OF MONTGOMERY.

Supreme Court of Alabama.

April 14, 1949.

Attorney(s) appearing for the Case

Fred S. Ball, Jr., and Ball & Ball, all of Montgomery, for appellant.

R. S. Hill, Jr., and Walter J. Knabe, both of Montgomery, for appellee.

LIVINGSTON, Justice.

This is an appeal from an adverse ruling on demurrer to appellant's bill for declaratory judgment. The bill as amended shows appellant corporation to be engaged in the business of manufacturing ice, and from time to time buys diesel oil in lots of fifty gallons or more for fuel in operating diesel engines used in its manufacturing enterprise.

The diesel oil is acquired from independent dealers...

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