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CARR v. STATE EX REL. GOGGANS

1950012.

720 So.2d 197 (1996)

Ruby CARR, et al. v. STATE of Alabama ex rel. B. Kennon GOGGANS.

Supreme Court of Alabama.

Rehearing Denied October 9, 1998.

Attorney(s) appearing for the Case

James W. Webb and Bart Harmon of Webb & Eley, P.C., Montgomery, William O. Walton, Jr., Chambers County atty., Lafayette, for appellants.

B. Kennon Goggans, pro se.

James Allen Main, of Beasley, Wilson, Allen, Main & Crow, P.C., Montgomery, for Amicus curiae Alabama Probate Judges Ass'n.

JONES, Retired Justice.

The trial court granted the State ex rel. B. Kennon Goggans quo warranto relief by enjoining the defendants (Chambers County and the Chambers County Commissioners) from holding further elections in violation of Ala.Code 1975, § 17-9-5. That statute requires a county-wide referendum with respect to the discontinuance of the use of "Shoup" upright voting machines.

Both sides moved for a summary judgment. The trial court granted the...

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