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UNZICKER v. STATE

SC 1945.

346 So.2d 931 (1977)

John A. UNZICKER et al. v. STATE of Alabama et al.

Supreme Court of Alabama.

Rehearing Denied June 24, 1977.

Attorney(s) appearing for the Case

James W. Tarlton, III, and Raymond A. Corcoran, Mobile, for appellants.

William J. Baxley, Atty. Gen., and Lucian L. Smith, Jr., and Robert A. Macrory, Asst. Attys. Gen., for appellees George C. Wallace, Governor of Ala., and the Ala. Dept. of Conservation and Natural Resources.

EMBRY, Justice.

This appeal is primarily concerned with whether or not the action is one against the State and therefore prohibited by Article 1, § 14, Constitution of 1901. We hold it is not prohibited as to other defendants than the State and reverse the trial court for granting motions to dismiss of those other defendants.

Under threat of condemnation, Alice Unzicker, a 79 year-old widow, entered negotiations with the State of Alabama through its Highway...

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