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WATER WORKS BD. OF CITY OF BIRMINGHAM v. BARNES

81-774.

448 So.2d 296 (1983)

The WATER WORKS BOARD OF THE CITY OF BIRMINGHAM, a public corporation v. Frank BARNES, et al.

Supreme Court of Alabama.

Rehearing Denied March 23, 1984.

Attorney(s) appearing for the Case

L. Vastine Stabler, Jr., R. Michael Leonard, and Lee E. Bains, Jr. of Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, for appellant.

William W. Conwell and Terry W. Gloor of Foster, Conwell & Gloor, Birmingham, for appellee Frank Barnes, et al.

William A. Jackson of Harrison, Jackson & Lee, Birmingham, for appellees The City of Hoover and Rocky Ridge Fire Dist.

Joe H. Little, Jr. and Carroll H. Sullivan of Gaillard, Little, Hume & Sullivan, Mobile, for amicus curiae Alabama-Mississippi Section of the American Water Works Association, and Bd. of Water and Sewer Com'rs of the City of Mobile, a public corporation.

PER CURIAM.

The Water Works Board of the City of Birmingham (The Board) appeals from a final judgment of the Circuit Court of Jefferson County declaring a three-zone rate schedule adopted by the Board for water sold by meter measurement and all fire hydrant charges to be unlawful and unreasonable, and permanently enjoining the Board from the collection of charges pursuant to that schedule.

The issues raised on this appeal are as follows:

1. Did the...

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