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WALKER COUNTY PETROLEUM COUNCIL, INC. v. WALKER COUNTY INC.

77-510.

368 So.2d 862 (1979)

WALKER COUNTY PETROLEUM COUNCIL, INC., et al. v. WALKER COUNTY, etc.

Supreme Court of Alabama.

March 23, 1979.

Attorney(s) appearing for the Case

James L. Beech, Jr. of Tweedy, Jackson & Beech, Jasper, for appellants.

Tom Nicholson and Herman W. Maddox of Maddox, MacLaurin, Nicholson & Thornley, Jasper, for appellees.

FAULKNER, Justice.

Plaintiffs sought to have a Walker County tax on diesel fuels declared invalid. The circuit court temporarily enjoined the County from collecting the tax. The County answered and counterclaimed for damages for lost revenue as a result of the injunction. Prior to the circuit court ordered the plaintiffs' complaint and the counterclaim "severed," indicating that it would later, if necessary, consider granting a motion for a jury trial on the question...

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