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CARLTON v. MARSHALL COUNTY GAS DIST.

1921694.

658 So.2d 358 (1994)

J.B. CARLTON, et al. v. The MARSHALL COUNTY GAS DISTRICT, et al.

Supreme Court of Alabama.

Rehearing Denied March 24, 1995.

Attorney(s) appearing for the Case

Lawrence B. Clark and Morris Wade Richardson of Lange, Simpson, Robinson & Somerville, Birmingham, and Charles R. Hare, Jr. of Gullahorn & Hare, Albertville, for appellants.

William M. Slaughter, James C. Huckaby, Jr. and Richard H. Walston of Hashell, Slaughter, Young, Johnston & Gallion, Mark W. Lee of Parsons, Lee & Juliano, P.C., Birmingham, Randy H. Beard of Beard & Beard and Wade K. Wright of Wright & Wright, Guntersville, for Marshall County Gas Dist.

R. Stan Morris of Harris, Evans, Berg, Morris & Rogers, P.C., Birmingham and Dave Beuoy of Burke & Beuoy, P.C., Arab, for City of Arab.

W. Lee Thuston and Mac B. Greaves of Sadler, Sullivan, Herring & Sharp, P.C., Birmingham, for Arthur Baugh, Johnny Hart and Robert Kelley.

MADDOX, Justice.

The issue in this case involved whether the Marshall County Gas District unlawfully distributed $6 million to the cities of Albertville, Arab, and Guntersville. The plaintiff class claims that the gas district failed to follow the provisions of § 11-50-411, Ala.Code 1975, in making the distribution. The trial judge entered a summary judgment in favor of the defendants. We affirm.

The member cities argue that before the distribution of...

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