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SEARS, ROEBUCK AND COMPANY v. BUCE

Civ. A. No. 1735-N.

197 F.Supp. 136 (1961)

SEARS, ROEBUCK AND COMPANY, Plaintiff, v. Fred BUCE, Horace Davis, N. J. Bell, III, Berney Jones, W. F. Joseph, Fred Marshall, Guy Kelley, Clyde Pearson, William C. Waller, Wilmer M. Peters, Fay W. Peters, Marion Rushton, James T. Stovall, Virginia D. Stovall, Carolyn W. Van Ryzin, John Haardt, Sarah J. Moore, Mrs. James S. Parrish, Mrs. Dorothy Maner, Robert L. Boyd, Arthur Pelzer Webber, Fairview Court Company, Inc., individually and as representatives of a class of persons so numerous as to make it impracticable to bring them all before the Court, and F. A. Gillette, Building Inspector for the City of Montgomery, Alabama, Defendants.

United States District Court M. D. Alabama, N. D.

August 30, 1961.

Attorney(s) appearing for the Case

Lange, Simpson, Robinson & Somerville, Birmingham, Ala., for plaintiff.

Walter J. Knabe, Montgomery, Ala., for defendant F. A. Gillette.

Rushton, Stakely & Johnston, Montgomery, Ala., Hill, Hill, Stovall & Carter, Montgomery, Ala., for other defendants.

JOHNSON, District Judge.

Sears, Roebuck and Company brings this action for a declaratory judgment, as authorized by Title 28, § 2201 of the United States Code, against some 22 defendants who are property owners residing near the property that is the subject of this litigation. The action is also sought to be maintained against the city building inspector for the City of Montgomery. Sears, Roebuck and Company says that it holds a lease on certain described property...

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