CLARDY v. CAPITAL CITY ASPHALT CO.

83-1313.

477 So.2d 350 (1985)

L.L. CLARDY v. CAPITAL CITY ASPHALT COMPANY and Southeast Contractors, Inc.

Supreme Court of Alabama.

September 27, 1985.


Attorney(s) appearing for the Case

James L. Shores, Jr., of Shores & Booker, Birmingham, for appellant.

Richard B. Garrett, of Rushton, Stakely, Johnston & Garrett, Montgomery, for appellee.


HOUSTON, Justice.

This is a suit for declaratory judgment. The trial court entered judgment for the plaintiff. The defendant appeals. We affirm in part and reverse in part and remand.

Capital City Asphalt Company, Inc. (Capital City), filed a complaint for declaratory judgment seeking an injunction and a declaration of rights to keep Clardy from interfering with Capital City's removal of its machinery, equipment, and materials from certain land used for sand...

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