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PIGGLY WIGGLY NO. 208, INC. v. DUTTON

1910203.

601 So.2d 907 (1992)

PIGGLY WIGGLY NO. 208, INC., et al. v. Melba DUTTON, Clerk of the District Court of Morgan County, and Bob Burrell, District Attorney of Morgan County.

Supreme Court of Alabama.

June 19, 1992.

Attorney(s) appearing for the Case

Steven E. Haddock of Hardwick, Knight & Haddock, and R. Eric Summerford of Nowlin, Summerford & McBride, Decatur, for appellants.

James H. Evans, Atty. Gen., and Jeffery H. Long, Asst. Atty. Gen., for appellee Melba Dutton.

Robert H. Harris and Barnes F. Lovelace, Jr. of Harris, Caddell & Shanks, P.C., Decatur, for appellee Bob Burrell.

HOUSTON, Justice.

This is an appeal by Piggly Wiggly No. 208, Inc., and 81 other merchants who do business in Morgan County. The merchants sought a writ of mandamus from the Circuit Court of Morgan County compelling Bob Burrell, the district attorney for the eighth judicial circuit, and Melba Dutton, the clerk of the Morgan County District Court, to prosecute or allow the prosecution of worthless check cases without requiring, as a condition precedent, that the merchants...

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