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HESTER v. CITY OF BIRMINGHAM

80-336.

402 So.2d 930 (1981)

Mrs. William L. HESTER, etc., et al. v. The CITY OF BIRMINGHAM, a municipal corporation.

Supreme Court of Alabama.

July 24, 1981.

Attorney(s) appearing for the Case

R. Ben Hogan, III of Hogan, Smith & Alspaugh, Birmingham, for appellants.

Herbert Jenkins, Jr. and Milford G. Bass, Jr., Asst. City Attys., City of Birmingham, for appellee.

PER CURIAM.

These plaintiffs/appellants' first action against the City of Birmingham was dismissed by the circuit court on July 30, 1980. On September 11, 1980, they filed notice of appeal in that case. On October 21, 1980, this Court returned the notice of appeal and docket fee in that case, advising that the appeal was untimely.

Thereafter on December 14, 1980, the plaintiffs filed this suit. The complaint in this...

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