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EX PARTE TOWN OF CITRONELLE

81-996.

428 So.2d 600 (1983)

Ex parte TOWN OF CITRONELLE. (Re Evelyn JONES, et al., v. TOWN OF CITRONELLE, et al.)

Supreme Court of Alabama.

February 25, 1983.

Attorney(s) appearing for the Case

Charles S. Street and John M. Tyson of Tyson & Tyson, Mobile, for petitioner.

John T. Crowder, Jr. of Cunningham, Bounds, Yance, Crowder & Brown, Mobile, for respondents.

BEATTY, Justice.

This is a petition for mandamus directed to the Honorable Telfair J. Mashburn, Judge of the Circuit Court of Mobile County. The petitioner (town) asks that the trial court be ordered to grant a jury trial in its action against the respondents. The respondents contend that the town's jury demands were untimely under Rule 38(b), Alabama Rules of Civil Procedure, which provides:

"Any party may demand...

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