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HARRIS, EVANS, BERG, MORRIS & ROGERS, P.C. v. CITY OF BIRMINGHAM

1911957.

621 So.2d 1320 (1993)

HARRIS, EVANS, BERG, MORRIS & ROGERS, P.C. v. CITY OF BIRMINGHAM and Birmingham-Jefferson County Transit Authority.

Supreme Court of Alabama.

June 11, 1993.

Attorney(s) appearing for the Case

Lyman H. Harris and Matthew J. Dougherty of Harris, Evans, Berg, Morris & Rogers, P.C., Birmingham, for appellant.

Demetrius C. Newton and Michael Melton, Birmingham, for appellees.

PER CURIAM.

The plaintiff, Harris, Evans, Berg, Morris & Rogers, P.C., appealed from an order dismissing its complaint as to the City of Birmingham. When it filed its notice of appeal, another defendant, Birmingham-Jefferson County Transit Authority, had a motion to dismiss pending before the trial court. It is clear from the record that the notice of appeal was from a nonfinal order. See Rule 54(b), Ala.R.Civ.P.

The appeal is dismissed.

DISMISSED...

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