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CITY OF HUNTSVILLE v. BILES

83-1097.

489 So.2d 509 (1986)

CITY OF HUNTSVILLE, et al. v. Tommy Rex BILES and John Thomas Coleman, Jr.

Supreme Court of Alabama.

Specially Concurring Opinion February 14, 1986.

Rehearing Denied May 23, 1986.

Attorney(s) appearing for the Case

E. Cutter Hughes, Jr. and William W. Sanderson, Jr., of Lanier, Shaver & Herring, Huntsville, for appellants.

James S. Ward, of Corley, Moncus, Bynum & De Buys, and William J. Baxley, of Baxley, Beck, Dillard & Dauphin, Birmingham, for appellees.

PER CURIAM.

This is an appeal from a judgment awarding plaintiffs, discharged firemen, reinstatement and back pay on the grounds that they had not been accorded due process of law in their dismissals. Plaintiffs allege, and the trial court found, that the Personnel Board and the City Council of the City of Huntsville were not impartial decisionmakers because (1) the assistant city attorney who prosecuted the cases for dismissal also acted as legal advisor to the decision...

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