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EX PARTE HORN

1961159.

718 So.2d 694 (1998)

Ex parte William Fred HORN, et al. (In re William Fred HORN, et al. v. CITY OF BIRMINGHAM; and CITY OF BIRMINGHAM v. William Fred HORN, et al.).

Supreme Court of Alabama.

Rehearing Denied March 20, 1998.

Attorney(s) appearing for the Case

W.L. Williams, Jr., Birmingham; and David A. Sullivan, Birmingham, for petitioners William Fred Horn, et al.

Demetrius Newton, city atty., 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 respondents City of Birmingham and Mayor Richard Arrington, Jr.

PER CURIAM.

We granted certiorari review in order to determine whether the Court of Civil Appeals erred in affirming the trial court's ruling that the plaintiffs are not due an award of attorney fees under the "common benefit" exception to the "American rule." Although summaries of the factual background and procedural history of this case have been presented in Horn v. City of Birmingham, 648 So.2d 607 (Ala.Civ.App.1994...

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