CLARKE-WASHINGTON ELEC. M. CORP. v. ALABAMA POW. CO.

1 Div. 938.

133 So.2d 488 (1961)

CLARKE-WASHINGTON ELECTRIC MEMBERSHIP CORPORATION v. ALABAMA POWER COMPANY.

Supreme Court of Alabama.

September 21, 1961.


Attorney(s) appearing for the Case

C. B. Gillmore, Adams, Gillmore & Adams, Grove Hill, J. M. Williams, Jr., Rushton, Stakely & Johnston, Montgomery, and Jos. C. Swidler, Nashville, Tenn., for appellant.

W. Johnson McCall, Thomasville, Martin, Vogtle, Balch & Bingham, Carey J. Chitwood and Alvin W. Vogtle, Jr., Birmingham, for appellee.


STAKELY, Justice.

This is an appeal from a decree sustaining the demurrer of the Alabama Power Company to the bill of complaint as amended filed by Clarke-Washington Electric Membership Corporation, a corporation, in the Circuit Court of Clarke County, in Equity. The complainant seeks to enjoin the respondent from duplicating certain electric distribution lines of the complainant. It seems from the record that the City of Thomasville intervened but did not demur to...

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