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TRAILWAY OIL COMPANY v. CITY OF MOBILE

1 Div. 792.

122 So.2d 757 (1960)

TRAILWAY OIL COMPANY et al. v. CITY OF MOBILE.

Supreme Court of Alabama.

Rehearing Denied September 15, 1960.

Attorney(s) appearing for the Case

Caffey, Gallalee & Caffey, Mobile, for appellants.

Fred G. Collins, Mobile, for appellee.

Beebe & Swearingen, Bay Minett, for Baldwin County, amicus curiae.

SIMPSON, Justice.

This appeal is from a decree of the Circuit Court in Equity of Mobile County, holding Act No. 80, Acts of Alabama 1956, Vol. 1, p. 115, unconstitutional as in violation of §§ 104(18) and 106 of the Alabama Constitution of 1901.

The operative provision of the act in question reads as follows:

"Section 1. That no municipality whose corporate limits do not lie within or extend into...

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