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STATE EX REL. GRAY v. KING

No. 79-627.

395 So.2d 6 (1981)

STATE of Alabama, on the relation of Billy GRAY; Billy Gray, Individually v. Joseph D. KING.

Supreme Court of Alabama.

Rehearing Denied February 26, 1981.

Attorney(s) appearing for the Case

John S. Foster and Raymond P. Fitzpatrick, Jr., Birmingham, for appellants.

James J. Thompson, Jr., of Hare, Wynn, Newell & Newton, Birmingham, for appellee.

Charles H. Wyatt, Jr., Birmingham, for amicus curiae.

FAULKNER, Justice.

This is an appeal from an order dismissing petitioner's complaint on the grounds, (1) the complaint failed to state a claim; (2) the complaint failed to show that the action was prosecuted by the real party in interest. We affirm.

When a vacancy occurred in the job of Captain, Birmingham Fire Department, it was filled according to rules and provisions governing the county-wide civil service system. In competing for the job, John R. Lewis...

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