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MAHAN v. HOLIFIELD

77-140.

361 So.2d 1076 (1978)

Phil MAHAN, and the Cherokee Hills Lake, Inc. v. R. F. HOLIFIELD and the City of Tuscaloosa.

Supreme Court of Alabama.

September 8, 1978.

Attorney(s) appearing for the Case

Isaac P. Espy, Tuscaloosa, for appellants.

J. Russell Gibson, III of Phelps, Owens, Jenkins & Gibson, Tuscaloosa, for appellee, R. F. Holifield.

J. Wagner Finnell, H. Burton Flanagan, and Robert W. Ennis, IV, Tuscaloosa, for appellee, City of Tuscaloosa.

MADDOX, Justice.

Plaintiffs, Cherokee Hills Lake, Inc., and Phil Mahan, appealed from a judgment entered on a jury verdict for the defendant, City of Tuscaloosa, and a directed verdict for defendant, R. F. Holifield.

Plaintiffs' property was flooded when a dam broke on March 16, 1973, allegedly causing large amounts of silt and debris to be deposited on their land.

In separate actions, which were consolidated...

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