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EX PARTE CITY OF FORT PAYNE

CR 92-1829.

628 So.2d 1036 (1993)

Ex parte CITY OF FORT PAYNE. (In re CITY OF FORT PAYNE v. Weston HAMMON).

Court of Criminal Appeals of Alabama.

August 26, 1993.

Attorney(s) appearing for the Case

Stephen P. Bussman, Fort Payne, for petitioner.

James H. Evans, Atty. Gen., and Robert French, Fort Payne, for respondent.

BOWEN, Presiding Judge.

This petition for writ of mandamus, filed by the City of Fort Payne, Alabama, seeks an order requiring DeKalb County Circuit Judge David A. Rains to set aside his dismissal of the charges against Weston Hammon for assault.

The significant facts, set forth below in chronological order, are undisputed:

September 28, 1992: Weston Hammon was charged with assault in the third degree in Fort Payne municipal court.

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