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STATE EX REL. BOSWELL v. CITY OF MONTGOMERY

Civ. 1139.

350 So.2d 73 (1977)

STATE of Alabama, ex rel. Charles A. BOSWELL, Commissioner of Revenue v. CITY OF MONTGOMERY, Alabama, a Municipal Corporation.

Court of Civil Appeals of Alabama.

September 14, 1977.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., Herbert I. Burson, Jr., Counsel, Dept. of Revenue and Asst. Atty. Gen., and Philip C. Davis, Asst. Counsel, Dept. of Revenue, and Asst. Atty. Gen., for appellant.

Randall C. Morgan, Montgomery, for appellee.

BRADLEY, Judge.

This appeal results from a suit brought in the Circuit Court of Montgomery County by appellant, the State of Alabama, on behalf of the Alabama Commissioner of Revenue. The purpose of the suit was to compel delivery to the State of certain unclaimed funds held by appellee, the City of Montgomery, pursuant to the Uniform Disposition of Unclaimed Property Act.

The trial court, after a hearing ore tenus and the receipt of briefs on the matter...

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