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BOOTH v. MONTROSE CEMETERY ASS'N

78-807.

387 So.2d 774 (1980)

Barry L. BOOTH v. MONTROSE CEMETERY ASSOCIATION, a non-profit corporation.

Supreme Court of Alabama.

Rehearing Denied September 12, 1980.

Attorney(s) appearing for the Case

T. K. Jackson, III and James J. Ward of Armbrecht, Jackson, DeMouy, Crowe, Holmes & Reeves, Mobile, for appellant.

James L. Shores, Jr. of Shores & Moore, Fairhope, for appellee.

PER CURIAM.

This is an appeal from a summary judgment granted Montrose Cemetery Association setting aside the declaration of vacation of certain portions of streets in the Montrose subdivision of Baldwin County. We affirm. On April 28, 1978, Barry Booth and the other defendants below, each of whom owns property abutting portions of Chapman, Taylor, Ledyard, and Third Streets in Montrose, filed in the Office of the Probate Judge of Baldwin County a declaration of vacation...

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