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HORN v. CITY OF BIRMINGHAM

2950550.

718 So.2d 691 (1997)

William Fred HORN, et al. v. CITY OF BIRMINGHAM. CITY OF BIRMINGHAM v. William Fred HORN, et al.

Court of Civil Appeals of Alabama.

Rehearing Denied March 28, 1997.

Attorney(s) appearing for the Case

W.L. Williams, Jr., Birmingham; and David A. Sullivan, Birmingham, for appellants/cross appellees William Fred Horn, et al.

Demetrius Newton, Birmingham; Donald V. Watkins, Birmingham; Joe R. Whatley, Jr., and Peter H. Burke of Cooper, Mitch, Crawford, Kuykendall & Whatley, Birmingham; and Kenneth L. Thomas of Thomas, Means & Gillis, Birmingham, for appellee/cross appellant City of Birmingham.

YATES, Judge.

This is the second time this case has been before this court. See Horn v. City of Birmingham, 648 So.2d 607 (Ala.Civ.App.1994). The plaintiffs had sought the award of costs and attorney fees in connection with a consent judgment; under that judgment the City of Birmingham was to return the city planning department's ruling allowing the establishment of a waste transfer station, for consideration by the city...

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