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MERRELL v. CITY OF HUNTSVILLE

Nos. 83-476, 83-784.

460 So.2d 1248 (1984)

Benny G. MERRELL v. The CITY OF HUNTSVILLE, et al. ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD; Frank V. Potts, as Chairman; Joe Smitherman, and E.O. Walker, as members of said Board and Jeff C. Mims as Administrator of said Board, and Michael D. Byrd, Intervenor, v. CITY OF HUNTSVILLE, a Municipal Corporation.

Supreme Court of Alabama.

Rehearing Denied November 30, 1984.

Attorney(s) appearing for the Case

M.U. Griffin of Griffin & Griffin, Huntsville, for appellant Benny G. Merrell in No. 83-476.

Joe W. Adams, Spec. Asst. Atty. Gen., for Alcoholic Beverage Control Bd.

Lawrence A. Anderson, Huntsville, for intervenor in No. 83-784.

Charles H. Younger, Huntsville, for appellee.

Robert C. Black of Hill, Hill, Carter, Franco, Cole & Black, Montgomery, for amicus curiae Alabama filed in support of Alabama Retail Ass'n Alcoholic Beverage Control Bd., et al.

Rehearing Denied in 83-476 November 30, 1984.

PER CURIAM.

These appeals arise from two cases which were consolidated because their resolution is dependent upon the answer to one question.

Merrell v. City of Huntsville arose when Benny Merrell filed suit against the City of Huntsville seeking a declaratory judgment and a writ of mandamus directing the city to issue him a liquor license. Merrell appeals from a judgment of the Montgomery County...

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