NEWBERRY v. CITY OF ANDALUSIA

4 Div. 686.

57 So.2d 629 (1952)

NEWBERRY v. CITY OF ANDALUSIA et al.

Supreme Court of Alabama.

March 10, 1952.


Attorney(s) appearing for the Case

Brogden & Brogden and Edw. H. Brogden, all of Andalusia, for appellant.

Jas. M. Prestwood, Andalusia, for City of Andalusia.

Lawrence Dumas, Jr., Birmingham, for Thornton, Mohr & Co.

Robt. B. Albritton, Andalusia, for Gulf Naval Stores Co.

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


GOODWYN, Justice.

This is a declaratory judgment proceeding questioning the validity of Act No. 756, approved September 6, 1951, Acts of Alabama 1951, page 1307, and certain action taken pursuant thereto by the City of Andalusia.

The decree of the lower court, which contains both a finding of facts and declaration with respect to the issues involved, is as follows:

"The Court Hereby Finds the Following Facts:

"The Respondent the City of Andalusia...

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