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CUDD v. CITY OF HOMEWOOD

6 Div. 627.

224 So.2d 625 (1969)

Eleanor F. CUDD et al. v. CITY OF HOMEWOOD, a Municipal Corporation, et al.

Supreme Court of Alabama.

February 6, 1969.

Attorney(s) appearing for the Case

Jenkins, Cole, Callaway & Vance, Birmingham, for appellants.

Jack H. Harrison, of Beavers, Shannon, Harrison and Charles E. Sharp, of Sadler, Sadler, Sullivan & Sharp, Birmingham, for appellees.

MEMORANDUM OPINION ON MOTION UNDER RULE 17.

BLOODWORTH, Justice.

Appellees have filed Motion, under Rule 17, Revised Rules of the Supreme Court of Alabama, 279 Ala. XXI, XLIV, seeking this court's ruling for an automatic affirmance in this case because the appeal "is made solely for delay."

While undoubtedly there is a field of operation for Rule 17, we are not convinced from the record this is such a case.

The case should be set for oral...

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