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WHITWORTH v. UTILITIES BD. OF TOWN, ETC.

No. 79-21.

382 So.2d 557 (1980)

Phillip WHITWORTH and Virginia Whitworth v. The UTILITIES BOARD OF the TOWN OF BLOUNTSVILLE, Alabama, and Charles Hendrix.

Supreme Court of Alabama.

April 11, 1980.

Attorney(s) appearing for the Case

Thomas B. Prickett, II, Thomas L. Rountree, Oneonta, for appellants.

Robert E. Austin, of Nash & Walker, Oneonta, for appellee Utilities Bd. of the Town of Blountsville.

B. J. McPherson, Oneonta, for appellee Charles Hendrix.

ALMON, Justice.

This is an appeal by the plaintiffs, Phillip and Virginia Whitworth, from the denial of their motion for new trial. The complaint consisted of two counts. The first count charges the Utilities Board with negligence in maintaining its sewer lines. The second count against Hendrix, the builder of the plaintiffs' house, is in warranty. At the conclusion of the plaintiffs' case, the court directed verdicts for the defendants.

On November 29, 1976...

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