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CITY OF BIRMINGHAM v. PIGGLY WIGGLY

1920908.

638 So.2d 759 (1994)

CITY OF BIRMINGHAM and Hoyt Beddingfield, in his capacity as Director of Finance of the City of Birmingham v. PIGGLY WIGGLY ALABAMA DISTRIBUTING COMPANY, INC.

Supreme Court of Alabama.

Rehearing Denied April 8, 1994.

Attorney(s) appearing for the Case

Robert A. Jones, Jr. and LaVerne Davis of Jones and Davis, P.C., Birmingham, for appellants.

Douglas Corretti, Mary Douglas Hawkins and Donna Shirley of Corretti & Newsom, Birmingham, for appellee.

ALMON, Justice.

The defendants, the City of Birmingham and its director of finance, appeal from a $272,738 judgment in favor of the plaintiff, Piggly Wiggly Alabama Distributing Company, Inc., in an action by Piggly Wiggly Distributing to obtain a refund of its alleged overpayment of licensing fees to the City of Birmingham in 1987 and 1988. The issues are: (1) Whether the notice-of-claim and statute of limitations periods...

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