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OLAN MILLS, INC. OF TENNESSEE v. OPELIKA, ALABAMA

Civ. A. No. 586-E.

207 F.Supp. 332 (1962)

OLAN MILLS, INC. OF TENNESSEE, Plaintiff, v. OPELIKA, Greenville, Alexander City, Jasper and Thomasville, ALABAMA, as representatives of a class consisting of all the municipal corporations in the State of Alabama, Defendants.

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

July 12, 1962.

Attorney(s) appearing for the Case

Rushton, Stakely & Johnston, Montgomery, Ala., Hunt & Lawson, and Sizer Chambliss, Chattanooga, Tenn., for plaintiff.

J. Arch McKee, Opelika, Ala., for the City of Opelika, Alabama; Fred Scott, Greenville, Ala., for the City of Greenville, Alabama, William I. Byrd, Alexander City, Ala., for the City of Alexander City, Alabama; Bankhead & Petree, Jasper, Ala., for the City of Jasper, Alabama, W. Johnson McCall, Thomasville, Ala., for the City of Thomasville, Alabama, and John F. Watkins, Montgomery, Ala., associated with the aforementioned attorneys for defendants.

JOHNSON, District Judge.

This cause is now submitted to this Court upon the motions to dismiss filed herein by each of the named defendants, said defendants being sued "as representatives of a class consisting of all the municipal corporations in the State of Alabama." The motion to dismiss filed by all but one of the named defendants is based upon several grounds other than the general ground that the complaint fails to state a claim against the defendants upon which...

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