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DAVIS v. CITY OF MOBILE

83-1108.

462 So.2d 925 (1985)

Clarence DAVIS v. CITY OF MOBILE, Alabama.

Supreme Court of Alabama.

January 11, 1985.

Attorney(s) appearing for the Case

Joseph J. Boswell, Mobile, for appellant.

James B. Rossler of Stout & Roebuck, Mobile, for appellee.

JONES, Justice.

Plaintiff Clarence Davis appeals from a Rule 54(b) order dismissing Defendant City of Mobile. The question before us involves the proper characterization of a particular cause of action. If the cause of action is in tort, Plaintiff's cause is barred. On the other hand, if the cause of action is in contract, it is not barred. The trial court ruled that Plaintiff's cause of action was in tort and thus barred by the statute of limitations. The court granted...

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