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DOC v. COMMISSION

1051455.

11 So.3d 189 (2008)

ALABAMA DEPARTMENT OF CORRECTIONS and Richard Allen v. MONTGOMERY COUNTY COMMISSION.

Supreme Court of Alabama.

December 12, 2008.

Attorney(s) appearing for the Case

Troy King, atty. gen., Kevin C. Newsom, deputy atty. gen., and Albert S. Butler, asst. gen. counsel and asst. atty. gen., Department of Corrections, and James W. Davis, asst. atty. gen., for appellants.

Thomas T. Gallion III and Constance C. Walker of Haskell Slaughter Young & Gallion, L.L.C., Montgomery, for appellee.

PER CURIAM.

The opinion of June 27, 2008, is withdrawn, and the following opinion is substituted therefor.

The Alabama Department of Corrections ("the DOC") and Richard Allen, its commissioner, appeal from a summary judgment in favor of the Montgomery County Commission ("the Commission") entered by the Montgomery Circuit Court. We dismiss the appeal, vacate the summary judgment, and dismiss the action.

I. Facts and Procedural History

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