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HAWKINS v. JAMES

80-498.

411 So.2d 115 (1982)

Eulene HAWKINS v. Forrest Hood JAMES, as Governor of the State of Alabama.

Supreme Court of Alabama.

March 12, 1982.

Attorney(s) appearing for the Case

Julian L. McPhillips, Jr., Montgomery, for appellant.

Mary Lee Stapp, Clyde P. McLendon, Roger J. Burnett, and Ronald C. Forehand, Asst. Attys. Gen., Montgomery, for appellee.

SHORES, Justice.

This is an appeal from the trial court's order granting the defendant's motion to dismiss.

Ala.Const. 1901, Art. III, § 43, states:

"In the government of this state, except in the instances in this Constitution hereinafter expressly directed or permitted, the legislative department shall never exercise the executive and judicial powers, or either of them; the executive shall never exercise the legislative and judicial powers...

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