Alabama Court of Appeals, 1969

Shuttlesworth v. City of Birmingham

Shuttlesworth v. City of Birmingham
Alabama Court of Appeals · Decided April 22, 1969
45 Ala. App. 723; 222 So. 2d 377; 1969 Ala. App. LEXIS 359

Shuttlesworth v. City of Birmingham

Opinion of the Court

On Remandment from Supreme Court of Alabama

PER CURIAM.

Our order of November 28, 1967, affirming the trial court as mandated by the Supreme Court of Alabama, per Lawson, J., 281 Ala. 542, 206 So.2d 348, is, on further remandment by that Court, hereby set aside.

*724On authority of Shuttlesworth v. City of Birmingham, 394 U.S. 147, 89 S.Ct. 935, 22 L.Ed.2d 162 (March 10, 1969), we hereby reinstate our original order of November 2, 1965. See Shuttlesworth v. City of Birmingham, 43 Ala.App. 68, 180 So.2d 114.

Accordingly, the judgment of the Circuit Court is reversed and a judgment is here rendered discharging appellant sine die.

Reversed and rendered.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.