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EX PARTE CITY OF BIRMINGHAM

1920213.

624 So.2d 1018 (1993)

Ex parte CITY OF BIRMINGHAM, et al. (Re Mary P. CHAMBERS, et al. v. CITY OF BIRMINGHAM, et al.)

Supreme Court of Alabama.

Rehearing Denied August 20, 1993.

Attorney(s) appearing for the Case

Demetrius C. Newton, City Atty., Joe R. Whatley, Jr., Michael K.K. Choy and Samuel H. Heldman of Cooper, Mitch, Crawford, Kuykendall & Whatley and John C. Falkenberry, Birmingham, for petitioners.

C. Jackson Perkins, Birmingham, for respondents.

PER CURIAM.

The defendants (the City of Birmingham and others) filed a notice of appeal from the trial court's order denying the defendants' motion to dismiss and compelling discovery. This Court has elected to treat that purported appeal as a petition for a writ of mandamus. We now grant the petition and issue a writ directing the trial court to dismiss the complaint.

On April 21, 1992, Mary P. Chambers and Samuel Bowdon, filed a complaint against the City...

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