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STATE v. CONTAINER CORPORATION OF AMERICA

3 Div. 936.

151 So.2d 773 (1963)

STATE of Alabama v. CONTAINER CORPORATION OF AMERICA.

Supreme Court of Alabama.

April 4, 1963.

Attorney(s) appearing for the Case

MacDonald Gallion, Atty. Gen., Guy Sparks, Sp. Asst. Atty. Gen., and Wm. H. Burton, Asst. Atty. Gen., for appellant.

Caffey, Gallalee & Caffey, Mobile, for appellee.

COLEMAN, Justice.

There is no organization of court appearing in the record. This court has held that an appeal must be dismissed where the record fails to show the organization of the court as required by Rule 24 of the Supreme Court. Code of Alabama 1940, Recompiled 1958, Title 7, Appendix; 261 Ala. XXVIII. This matter is jurisdictional and the court must take notice of it ex mero motu. Barnes v. Salter, 270 Ala. 110, 116 So.2d 748

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