BOARD OF WATER, ETC. v. ALABAMA POWER CO.

77-269.

363 So.2d 304 (1978)

BOARD OF WATER AND SEWER COMMISSIONERS OF the CITY OF MOBILE, a Public Corporation v. ALABAMA POWER COMPANY, a corporation.

Supreme Court of Alabama.

September 29, 1978.


Attorney(s) appearing for the Case

Joe H. Little, Jr. and Christopher G. Hume, III, Mobile, for appellant.

James J. Duffy, Jr., E. L. McCafferty, III and William C. Barclift, Mobile, for appellee.


BEATTY, Justice.

This is an appeal by the Board of Water and Sewer Commissioners of the City of Mobile from a summary judgment against it and from a denial of its motion for reconsideration (59(e), ARCP) of that judgment. We reverse and remand.

On September 20, 1976 Alabama Power Company (APCO) filed a complaint against the Board of Water and Sewer Commissioners of the City of Mobile (the Board) seeking to recover...

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