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WILLIS v. KINCAID

1061154 and 1061184.

983 So.2d 1100 (2007)

Marlin D. WILLIS et al. v. Bernard KINCAID, in his official capacity as mayor of the City of Birmingham. The Birmingham City Council and the City of Birmingham v. Bernard Kincaid, in his official capacity as mayor of the City of Birmingham.

Supreme Court of Alabama.

September 14, 2007.

Attorney(s) appearing for the Case

Raymond P. Fitzpatrick, Jr., and Gary L. Brown of Fitzpatrick & Brown, LLP, Birmingham, for appellants Marlin D. Willis et al.

LaVeeda Morgan Battle of The Battle Law Firm, LLC, Birmingham; and Ed Gentle of Gentle, Pickens & Turner, PC, Birmingham, for appellants Birmingham City Council and the City of Birmingham.

Emory Anthony, Birmingham; and Richard Jaffe and Hube Dodd of Jaffe, Strickland, Drennan & Dodd, P.C., Birmingham, for appellee.

WOODALL, Justice.

The City of Birmingham ("Birmingham"); the Birmingham City Council ("the City Council"); and employees of the Birmingham fire and rescue service, namely, Marlin D. Willis, Donald R. Baker, and Roger D. Wyatt, along with employees of the Birmingham Police Department, namely, Dexter Cunningham, Scott Morro, and Daphanie Horton (hereinafter collectively referred to as "the employees"), appeal from a summary judgment in favor of Bernard Kincaid, in his...

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