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PHENIX CITY v. SOUTHERN BELL TELEPHONE & TELEGRAPH CO.

No. 14-O.

33 F.Supp. 283 (1940)

PHENIX CITY, ALA., v. SOUTHERN BELL TELEPHONE & TELEGRAPH CO.

District Court, M. D. Alabama, E. D.

May 18, 1940.

Attorney(s) appearing for the Case

Jacob A. Walker, of Opelika, Ala., and J. W. Brassell, of Phenix City, Ala., for plaintiff.

Steiner, Crum & Weil, of Montgomery, Ala., John A. Boykin, Jr., of Atlanta, Ga., and Stokely, Scrivner, Dominick & Smith, of Birmingham, Ala., for defendant.

CHARLES B. KENNAMER, District Judge.

This suit was filed in the Circuit Court of Russell County, Alabama, under the Alabama Declaratory Judgment Act, General Acts of Alabama 1935, page 777, and by proper proceedings to that end, was removed by the defendant to this court. It appears from the amended complaint that a justiciable controversy had arisen and exists between the parties as to their respective rights under two municipal ordinances, one adopted by the plaintiff...

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