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OYLER v. GILLILAND

No. 78-479.

382 So.2d 517 (1980)

B. J. OYLER v. Porter GILLILAND and Ellen Gilliland.

Supreme Court of Alabama.

Rehearing Denied March 28, 1980.

Attorney(s) appearing for the Case

Robert B. French, Jr., Fort Payne, for appellant.

W. M. Beck, Sr., of Beck & Beck, Fort Payne, for appellees.

PER CURIAM.

This is the second time the same parties have appeared before this Court to litigate the same issues. In Oyler v. Gilliland, 351 So.2d 886 (Ala.1977), B. J. Oyler appealed from a judgment permanently enjoining him from interfering with the Gillilands' use of a road over his property. The trial Court had determined in that case that the Gillilands had acquired an easement by necessity over Oyler's property. We...

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