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BESSEMER THEATRES v. CITY OF BESSEMER

6 Div. 201.

75 So.2d 651 (1954)

BESSEMER THEATRES, Inc. v. CITY OF BESSEMER.

Supreme Court of Alabama.

November 4, 1954.

Attorney(s) appearing for the Case

Francis H. Hare, Birmingham, for appellant.

Ling & Bains, Bessemer, for appellee.

Smith, Hand, Arendall & Bedsole, Robt. B. Wilkins, Mobile, amici curiae.

PER CURIAM.

This case has been previously before the Court on appeal from a decree overruling a demurrer interposed to the bill seeking a declaratory judgment. City of Bessemer v. Bessemer Theatres, 252 Ala. 117, 39 So.2d 658.

On the former appeal the only question determined was that the bill filed by the Bessemer Theatres, seeking a declaratory judgment, was not subject to the demurrer interposed. It did not in any respect undertake to decide the controverted...

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