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MORGAN v. HOPE

78-69.

371 So.2d 416 (1979)

Fred MORGAN, Tyre Pugh, C. E. Gunnin, Jesse Napper, James White, Erby Pezent, Lloyd Ireland, George Owen, Donald Bingham, Philip A. Joullian v. Robert M. HOPE, Director, State Docks, T. A. Steeley, Personnel Manager, State Docks, Jerry Tew, Operations Manager, State Docks.

Supreme Court of Alabama.

Rehearing Denied May 25, 1979.

Attorney(s) appearing for the Case

C. Tom Payne, Montgomery, for appellants.

Frank G. Taylor of Sintz, Pike, Campbell & Duke, Mobile, for appellees.

MADDOX, Justice.

Appellants are guards at the Alabama Department of State Docks. They filed suit in which they asked the court to determine that they were "law enforcement officers" within the meaning of Code 1975, § 36-21-3 (Act No. 206, Third Special Session 1975) and, therefore, entitled to the lump sum payment, or "longevity pay" authorized by that section.

The trial court granted defendants' motion to dismiss, holding that "the State Docks guards...

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