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EX PARTE MOORE

79-5.

382 So.2d 548 (1980)

Ex parte R. H. MOORE, Sr., Petitioner. In re CASTLEBERRY CONSTRUCTION COMPANY, INC., a corp. v. CURB SPECIALISTS, INC., a corp., and R. H. Moore, Sr., d/b/a Moore's Asphalt Paving Co.

Supreme Court of Alabama.

March 28, 1980.

Attorney(s) appearing for the Case

Ralph E. Coleman, Birmingham, for petitioner.

John F. DeBuys, Jr., of Odom, May & DeBuys, Birmingham, for respondents Castleberry Construction Co., Inc. and Honorable William C. Barber.

MADDOX, Justice.

In this original petition for mandamus, two basic issues are presented:

Is subject matter jurisdiction proper for the enforcement of a mechanic's lien in the county where the land is located?

Once a suit has been filed to enforce a mechanic's lien in the county where the land is located, is a bill for declaratory judgment improper in another county when the basic issues in the two actions are the same and the parties are the same?...

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