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OPERATION NEW BIRMINGHAM v. FLYNN

1911927, 1911966.

621 So.2d 1316 (1993)

OPERATION NEW BIRMINGHAM v. Timothy William FLYNN. Timothy William FLYNN v. OPERATION NEW BIRMINGHAM.

Supreme Court of Alabama.

June 4, 1993.

Attorney(s) appearing for the Case

Demetrius C. Newton, City Atty., and Thomas Bentley III, Asst. City Atty., Birmingham, for appellant, cross-appellee.

Ralph E. Coleman of Coleman & Friday, Birmingham, for appellee, cross-appellant.

STEAGALL, Justice.

Timothy William Flynn filed a complaint for an injunction against Operation New Birmingham (hereinafter "ONB") and the City of Birmingham, seeking to enjoin ONB and the City of Birmingham from interfering with the operation of Flynn's sidewalk vending business; the trial court denied the injunction. ONB had previously issued a permit to allow Flynn to maintain a sidewalk hot dog cart, but it had later forced him to remove the cart after the owner...

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