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ETHERTON v. CITY OF HOMEWOOD

1951956.

700 So.2d 1374 (1997)

Vhern ETHERTON and Barbara Etherton v. CITY OF HOMEWOOD.

Supreme Court of Alabama.

August 15, 1997.

Attorney(s) appearing for the Case

John Wallace Savage of Cory, Watson, Crowder & Petway, Birmingham, for appellants.

Michael G. Kendrick and Victoria J. Franklin-Sisson of Gorham & Waldrep, P.C., Birmingham, for appellee.

Ken Smith, Alabama League of Municipalities, Montgomery, for amicus curiae Alabama League of Municipalities, in support of the appellee.

COOK, Justice.

Vhern Etherton and his wife Barbara Etherton appeal from a judgment dismissing their action against the City of Homewood seeking compensation related to injuries Mr. Etherton suffered when he fell into an open service hole in the City of Homewood. We remand with directions.

On April 11, 1996, the Ethertons filed a complaint in the Jefferson County Circuit Court against several defendants, including the City of Homewood ("the City"). The complaint...

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