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EX PARTE CITY OF BIRMINGHAM

1971842 and 1980886.

757 So.2d 389 (1999)

Ex parte CITY OF BIRMINGHAM. (Re William Fred Horn et al. v. City of Birmingham et al.).

Supreme Court of Alabama.

December 30, 1999.

Attorney(s) appearing for the Case

Demetrius Newton, Office of the City Attorney, 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, Devlin, Robinson & Seay, Birmingham, for petitioner.

W.L. Williams, Jr., Birmingham; and David A. Sullivan, Birmingham, for respondents.

JOHNSTONE, Justice.

On January 30, 1998, this Court released an opinion in Ex parte Horn, 718 So.2d 694 (Ala.1998), wherein we held that the residents/plaintiffs involved in this litigation are entitled to recover attorney fees from the City of Birmingham (the City) under the "common-fund" or "common-benefit" theory.1 Following remand to the trial court, both parties filed discovery requests addressing...

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