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   State Courts - Alabama - December 1, 2006

  
Allen Revival Ctr. of Faith, Inc. v. Wilson Ave. Baptist Church, Inc., 2050521, COURT OF CIVIL APPEALS OF ALABAMA, December 1, 2006, Released
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Barber v. Jefferson County Racing Ass'n, 1050625, 1050857, SUPREME COURT OF ALABAMA, December 1, 2006, Released
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Overview: "Readers" used at a race course were slot machines under Ala. Code §§ 13A-12-20(10) and 13A-12-27 because the element of chance was satisfied at the point of sale and because most users of the readers paid consideration in order to obtain sweepstakes entries rather than cybertime. Furthermore, Ala. Code § 13A-12-20 was not unconstitutionally vague.

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Drummond Co. v. Walter Indus., 1041029, 1041221, SUPREME COURT OF ALABAMA, December 1, 2006, Released
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Overview: In a case involving the right to strip-mine coal pursuant to leases and other agreements between a coal-mining corporation and a landowner corporation, without evidence of reliance, the coal-mining corporation could not establish the essential elements of its fraudulent-suppression claim, Ala. Code § 6-5-102.

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Ex parte Squires, 1050900, SUPREME COURT OF ALABAMA, December 1, 2006, Released
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Overview: As property owners' suit against a city challenged the constitutionality of city officials' alleged selective enforcement of a zoning ordinance, not the constitutionality of the ordinance itself, notice to the Alabama Attorney General was not a prerequisite to the owners' prosecution of their claim under Ala. Code § 6-6-227.

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Houston County Health Care Auth. v. Williams, 1021253, SUPREME COURT OF ALABAMA, December 1, 2006, Released
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Overview: In a class-action case involving contaminated saline-filled silicone breast implants, because, as to a majority of the claims certified for class-action treatment, plaintiffs failed to carry their burden of proving their entitlement to class certification under Ala. R. Civ. P. 23(b)(3), the trial court erred in certifying the class.

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Padgett v. Conecuh County Comm'n, 2041078, COURT OF CIVIL APPEALS OF ALABAMA, December 1, 2006, Released
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Pattans Ventures, Inc. v. Williams, 2040648, COURT OF CIVIL APPEALS OF ALABAMA, December 1, 2006, Released
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Petersen v. Woodland Homes of Huntsville, Inc., 2050637, COURT OF CIVIL APPEALS OF ALABAMA, December 1, 2006, Released
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Saunders v. Lawson, 2041111, COURT OF CIVIL APPEALS OF ALABAMA, December 1, 2006, Released
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Vest v. Vest, 2040332, COURT OF CIVIL APPEALS OF ALABAMA, December 1, 2006, Released
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