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CITY OF MONTGOMERY v. WATER WORKS AND SANITARY SEWER BD., CITY OF MONTGOMERY

1930314, 1930419, 1930472, 1930528.

660 So.2d 588 (1995)

The CITY OF MONTGOMERY and the City Council of the City of Montgomery v. The WATER WORKS AND SANITARY SEWER BOARD OF the CITY OF MONTGOMERY (Two Cases). Carl EDWARDS and Mildred Duncan Ralph v. The CITY OF MONTGOMERY and the City Council of the City of Montgomery. The WATER WORKS AND SANITARY SEWER BOARD OF the CITY OF MONTGOMERY v. The CITY OF MONTGOMERY and the City Council of the City of Montgomery.

Supreme Court of Alabama.

March 31, 1995.

Attorney(s) appearing for the Case

Donald V. Watkins, P.C., Montgomery, Joe R. Whatley, Jr., and Sam H. Heldman, and Peter H. Burke, of Cooper, Mitch, Crawford, Kuykendall & Whatley, Birmingham, for appellants City of Montgomery and its city council.

Alvin T. Prestwood and Thomas B. Klinner of Capouano, Wampold, Prestwood & Sansone, P.A., Montgomery, for appellees/cross appellants Carl Edwards and Mildred Duncan Ralph.

Robert E. Sasser and Dorothy Wells Littleton, of Sasser & Littleton, P.C., Montgomery, for appellee/cross appellant Water Works and Sanitary Sewer Board of the City of Montgomery.

On Application for Rehearing

MADDOX, Justice.

The opinion of December 16, 1994, is withdrawn and the following is substituted therefor.

On application for rehearing, the Water Works and Sanitary Sewer Board contends that when this Court wrote its original opinion it misunderstood the procedural posture of this case. The Board's primary argument in support of its application is that this Court was under the erroneous impression that the trial...

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