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BETHUNE v. CITY OF MOUNTAIN BROOK

SC 1456.

336 So.2d 148 (1976)

Louise L. BETHUNE et al. v. CITY OF MOUNTAIN BROOK, a Municipal Corp.

Supreme Court of Alabama.

Rehearing Denied August 20, 1976.

Attorney(s) appearing for the Case

Donald L. Collins and A. Eric Johnston, Birmingham, for appellants.

J. M. Breckenridge, Michael C. Quillen and L. Vastine Stabler Jr., Birmingham, for appellee.

SHORES, Justice.

The issues raised on this appeal are set out at length in Justice Maddox' dissenting opinion.

We affirm the trial court in granting the City of Mountain Brook's motion for a new trial. See Hubbard Bros. Const. Co., Inc. v. C. F. Halstead Contractor, Inc., 294 Ala. 688, 321 So.2d 169 (1975).

The trial judge was of the opinion that ". . . the overwhelming evidence is against the plaintiff on...

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