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STATE EX REL. BAKER v. EVANS

1941959.

683 So.2d 421 (1996)

STATE of Alabama ex rel. Jimmy H. BAKER, et al. v. James H. EVANS.

Supreme Court of Alabama.

November 8, 1996.

Attorney(s) appearing for the Case

William P. Gray, Jr., Legal Advisor to the Governor, and Bert S. Nettles and Mark D. Hess of London & Yancey, Birmingham, for appellants.

Lanny S. Vines and Michael L. Allsup of Emond & Vines, Birmingham, for appellee.

PER CURIAM.

Jimmy H. Baker, as acting finance director for the State of Alabama, and Robert Childree, as comptroller for the State of Alabama (hereinafter referred to collectively as the "State"), petitioned for a writ of quo warranto, seeking to have James H. ("Jimmy") Evans excluded from appointment as a supernumerary district attorney for the Fifteenth Judicial Circuit. The State argued that, pursuant to Ala.Code 1975, § 12-17-213(b), a person is qualified...

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