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HOOD v. CITY OF BIRMINGHAM

88-1382.

562 So.2d 164 (1990)

Betty HOOD, executrix of the estate of David Hood, deceased v. CITY OF BIRMINGHAM.

Supreme Court of Alabama.

Rehearing Denied April 20, 1990.

Attorney(s) appearing for the Case

William J. Baxley and Kearney Dee Hutsler III of Baxley, Dillard & Dauphin, Birmingham, for appellant.

Lee E. Bains, Jr. and Frank D. McPhillips of Maynard, Cooper, Frierson & Gale, Birmingham, for appellee.

STEAGALL, Justice.

Betty M. Hood, as executrix of the estate of her husband, David H. Hood, Jr., sued the City of Birmingham for breach of contract for its failure to pay $60,800 in legal fees for services her husband had performed for Roosevelt City (annexed by Birmingham in 1988), as that city's attorney. Mrs. Hood filed her notice of claim with Birmingham on January 30, 1989. Section 11-47-23, Ala.Code 1975, requires that notice of certain claims be filed with...

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