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BYRNE v. GALLIHER

1080247.

39 So.3d 1049 (2009)

Bradley BYRNE et al. v. Blaine GALLIHER et al.

Supreme Court of Alabama.

November 25, 2009.

Attorney(s) appearing for the Case

Roger L. Bates, Mark T. Waggoner, and Stephen N. Fitts III of Hand Arendall, LLC, Birmingham, for appellants Bradley Byrne, Alabama State Board of Education, Alabama Postsecondary Education Department, Randy McKinney, Betty Peters, Stephanie W. Bell, Dr. Ethel H. Hall, Ella B. Bell, David F. Byers, Jr., Sandra Ray, and Dr. Mary Jane Caylor.

David G. Hymer and Marc James Ayers of Bradley Arant Boult Cummings LLP, Birmingham, for appellant Governor Bob Riley.

Robert D. Segall and Shannon L. Holliday of Copeland, Franco, Screws & Gill, P.A., Montgomery, for appellees Blaine Galliher, Thomas Jackson, and Terry Spicer.

J. Cecil Gardner and Sam Heldman of The Gardner Firm, P.C., Mobile, for appellees Thomas D. Dermody and Freddie Williams, Jr.

Fred D. Gray of Gray, Langford, Sapp, McGowan, Gray & Nathanson, Tuskegee, for appellees Linda Coleman and Merika Coleman.

Edward Still, Birmingham, for appellee James P. Wrye.

On Application for Rehearing

SMITH, Justice.

This Court's opinion of May 29, 2009, is withdrawn, and the following is substituted therefor.

This appeal involves challenges to two policies the State Board of Education ("the Board") adopted regarding the two-year-college system. The Montgomery Circuit Court entered a summary judgment declaring the policies invalid and issued an injunction preventing the implementation of those policies. We reverse...

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