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DIXON v. BD. OF WATER & SEWER COM'RS

1012131.

865 So.2d 1161 (2003)

Janice DIXON v. BOARD OF WATER & SEWER COMMISSIONERS OF THE CITY OF MOBILE.

Supreme Court of Alabama.

Rehearing Denied May 16, 2003.

Attorney(s) appearing for the Case

John W. Parker, Mobile, for appellant.

L. Bratton Rainey III of Luther, Oldenburg & Rainey, P.C., Mobile, for appellee.

WOODALL, Justice.

Janice Dixon appeals from a summary judgment in favor of the Board of Water & Sewer Commissioners of the City of Mobile ("the Board"), in an action arising out of a sewage backup and discharge into Dixon's residence. We reverse and remand.

Nearly all the material facts are disputed. However, it is undisputed that on November 21, 2000, raw sewage from a sewer system operated by the Board was discharged through plumbing fixtures in Dixon...

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