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LEWIS v. HITT

78-117.

370 So.2d 1369 (1979)

Robert E. LEWIS, District Judge, etc., et al. v. Robert HITT, Chairman, etc.

Supreme Court of Alabama.

Released for Publication May 30, 1979.

Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen. and Rosa G. Hamlett, Asst. Atty. Gen., State of Alabama, for appellants.

Michael L. Roberts of Floyd, Keener & Cusimano, Gadsden, for appellee.

James W. Webb and Dan E. Schmaeling, Montgomery, for Amicus Curiae, Ass'n of County Commissions of Alabama.

BEATTY, Justice.

This is an appeal from an order by the Etowah County Circuit Court granting plaintiff both declaratory and injunctive relief. We reverse and remand.

Defendants are Etowah County District Judge Robert E. Lewis and the State of Alabama; plaintiff is the Chairman of the Etowah County Commission. Plaintiff's action for declaratory judgment was predicated on his claim that Code of Ala.1975, § 12...

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