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CITY OF BIRMINGHAM v. FAIRVIEW HOME OWNERS ASS'N

6 Div. 312.

66 So.2d 775 (1953)

CITY OF BIRMINGHAM v. FAIRVIEW HOME OWNERS ASS'N et al.

Supreme Court of Alabama.

Rehearing Denied August 11, 1953.

Attorney(s) appearing for the Case

Mayer U. Newfield, Birmingham, for appellant.

J. Terry Huffstutler, Birmingham, for appellees.

PER CURIAM.

This cause comes to us by appeal of the respondent, City of Birmingham, from a decree overruling its demurrer to a bill seeking a permanent injunction of an alleged nuisance and resulting damage to complainants.

In the caption of the bill the parties are named as Fairview Home Owners Association, "an unincorporated association composed of the following members and other members so numerous as to make it...

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