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GREENBRIER VILLAGE, L.L.C. v. CITY OF MOUNTAIN

No. CV01BE3066S.

212 F.Supp.2d 1335 (2002)

GREENBRIAR VILLAGE, L.L.C., Plaintiff, v. CITY OF MOUNTAIN BROOK, Defendant.

United States District Court, N.D. Alabama, Southern Division.

July 18, 2002.

Attorney(s) appearing for the Case

John F. DeBuys, Jr., Patricia K. Carlton, Burr & Forman LLP, Birmingham, AL, for Plaintiff.

William Anthony Davis, III, John P. Scott, Jr., Starnes & Atchison LLP, Birmingham, AL, for Defendant.

MEMORANDUM OPINION

BOWDRE, District Judge.

This case is before the court on the Defendant's Motion to Alter, Vacate or Amend1 (Document 41). After reviewing the submissions of counsel and the court's Order and Memorandum Opinion of May 20, 2002, the court concludes that the defendant's motion is due to be DENIED.

The basic thrust of the defendant's motion rests on two theories: that notice to Saiia Construction...

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