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CITY OF BIRMINGHAM v. BOULDIN

6 Div. 254.

190 So.2d 271 (1966)

CITY OF BIRMINGHAM v. Morris N. BOULDIN et al.

Supreme Court of Alabama.

August 25, 1966.

Attorney(s) appearing for the Case

J. M. Breckenridge, John S. Foster and W. W. Conwell, Birmingham, for appellant.

Irvine C. Porter and Jos. S. Mead, Birmingham, for appellee, cross-appellant City of Homewood.

Griffin & Wilson, Birmingham, for appellee Bouldin.

Jenkins, Cole, Callaway & Vance, Birmingham, for City of Vestavia Hills, amicus curiae.

MERRILL, Justice.

This is an appeal by the City of Birmingham from a decree nullifying an election of August 11, 1964, in the City of Homewood, whereat a majority voted for annexation of Homewood to Birmingham by a vote of 2,423 to 2,417. The events leading up to the election and the filing of this suit are detailed fully in the opinion on first appeal in Bouldin v. City of Homewood, 277 Ala. 665, 174 So.2d 306, and will not be...

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