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EX PARTE CITY OF GADSDEN

1981366.

781 So.2d 936 (2000)

Ex parte CITY OF GADSDEN. (Re Shirley McDonough v. Margaret Denise Parker et al.)

Supreme Court of Alabama.

Rehearing Denied October 13, 2000.

Attorney(s) appearing for the Case

Vann A. Spray of Ford & Howard, P.C., Gadsden, for petitioner.

Gary J. Bone, Gadsden, for respondent Shirley McDonough.

Curtis Wright of Dortch, Wright & Wright, Gadsden, for respondent Kandralyn S. Johnson.

BROWN, Justice.

The City of Gadsden ("the City"), a defendant in an action pending in the Etowah Circuit Court, petitions for a writ of mandamus directing that court to vacate its order of May 4, 1999, denying the City's motion for a summary judgment and to grant that motion. The sole issue presented by this petition is whether the City is entitled to immunity under § 6-5-338(b), Ala.Code 1975. Because we conclude that it is, we grant the petition.

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