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JEFFERSON COUNTY, BD. OF HEALTH v. CITY OF BESSEMER

SC 768.

301 So.2d 551 (1974)

JEFFERSON COUNTY, Alabama, BOARD OF HEALTH and Dr. George Hardy, as Health Officer of Jefferson County v. CITY OF BESSEMER, a municipal corp., etc.

Supreme Court of Alabama.

October 3, 1974.

Attorney(s) appearing for the Case

Sadler, Sadler, Sullivan & Sharp, Birmingham, Stone, Patton & Kierce, Bessemer, William A. Thompson, Birmingham, for appellants.

J. Howard McEniry, Jr., Bessemer, for City of Bessemer.

James H. Weaver, Jr., Birmingham, for City of Hueytown.

David H. Hood, Jr., Bessemer, for City of Roosevelt City.

Thomas R. Elliott, Jr., Birmingham, for City of Midfield.

Charles L. Kerr, Leeds, for City of Leeds.

J. Clewis Trucks, Fairfield, for City of Fairfield.

Powell Lipscomb, Bessemer, for City of Brownsville.

J. Thomas King, Birmingham, for City of Adamsville.

Robert E. Paden, Bessemer, for City of Lipscomb.

Thomas N. Crawford Jr., Birmingham, for City of Pleasant Grove.

James M. Tingle, Birmingham, for Cities of Gardendale and Tarrant City.

Robert S. Vance, Birmingham, for City of Vestavia Hills.

JONES, Justice.

This appeal is from a final decree of the Circuit Court of Jefferson County, Bessemer Division, declaring Act No. 546, Acts of Alabama 1973, unconstitutional. The Bill for Declaratory Judgment was filed by five Jefferson County municipalities (later joined by the intervention of twenty-two others) against the Jefferson County Board of Health, Dr. George Hardy, as Health Officer of Jefferson County, and J. D. Smith, as Tax Collector of Jefferson (whose...

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