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URBAN SANITATION CORP. v. CITY OF PELL CITY, ALA.

Civ. A. No. CV86-PT-0251-S.

662 F.Supp. 1041 (1986)

URBAN SANITATION CORP., an Alabama corporation, Plaintiff, v. CITY OF PELL CITY, ALABAMA, a municipal corporation, et al., Defendants.

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

July 9, 1986.

Attorney(s) appearing for the Case

J. Scott Greene, Bishop, Colvin & Johnson, Birmingham, Ala., for plaintiff.

Terry M. Cromer, Leeds, Ala., Billy L. Church, Pell City, Ala., James W. Porter, Porter, Porter & Hassinger, Birmingham, Ala., for defendants.

MEMORANDUM OPINION

PROPST, District Judge.

This cause comes on to be heard on various motions to dismiss converted to motions for summary judgment by order filed on May 29, 1986.

Early on it appeared to the court that this cause had all appearances of being either a pure breach of contract claim or a claim of a violation of a statutory duty for both of which state law would provide an adequate remedy. It occurred to the court that possibly, under...

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