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McPHEETER v. CITY OF AUBURN

5 Div. 917.

259 So.2d 833 (1972)

Edwin K. McPHEETER et al. v. The CITY OF AUBURN, Alabama, a Municipal Corp., et al.

Supreme Court of Alabama.

March 23, 1972.

Attorney(s) appearing for the Case

Frank J. Mizell, Jr., Montgomery, for appellants.

Dumas, O'Neal & Hayes, Birmingham, Brown & McMillan, Auburn, for appellees.

J. M. Breckenridge, Birmingham, for City of Birmingham, amicus curiae.

Drayton N. Hamilton, Montgomery, for Alabama League of Municipalities, amicus curiae.

McCALL, Justice.

The appellants instituted a class action in the Lee County Circuit Court seeking a declaratory judgment to have declared illegal and void Ordinance No. 416, enacted by the City Council of the City of Auburn, on January 20, 1970, and an injunction to prohibit its enforcement.

The trial court denied the relief prayed for by the complainants, and decreed that, under the contentions raised, Ordinance No. 416 offends neither the United States nor...

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