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KEMP v. BRITT

80-623.

410 So.2d 31 (1982)

Bobby J. KEMP, et al. v. Wendell C. BRITT, et al.

Supreme Court of Alabama.

February 12, 1982.

Attorney(s) appearing for the Case

Charles A. Graddick, Atty. Gen., and Philip C. Davis, Asst. Atty. Gen., for appellants.

William J. Baxley & Joel E. Dillard of Baxley, Beck & Dillard, Birmingham, for appellees Britt, et al., and Holland, et al.

Robert G. Wilson & W. D. Scruggs, Jr., Fort Payne, for appellees James Gillespie, et al.

JONES, Justice.

This appeal requires this Court's construction of Section 5 of Act No. 79-688 and the applicable amendatory provisions of Act No. 80-724 (Code 1975, § 23-1-104).

Prior to 1979, ten Alabama counties1 did not maintain county road or highway departments and were known as "captive counties," because the road and bridge work in each county was accomplished by the State and its employees. Act No. 79-688, however...

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