Legal Opinion

Terrell v. City of Bessemer

Supreme Court of Alabama

Decided August 27, 1981No. 79-702PublishedCited by 47 opinions

1Opinion of the Court

This is an appeal from a judgment adverse to the plaintiff, William Douglas Terrell, by the Circuit Court of Jefferson County, Bessemer Division. The trial court judge granted defendants' motions to dismiss pursuant to Rule 12 (b)(6), A.R.C.P. Defendants moved for dismissal on the ground that plaintiff had pending prior actions arising out of the same facts in the United States District Court for the Northern District of Alabama. Plaintiff's pending federal district court actions, defendants contend, violate Code 1975, § 6-5-440, which provides that a plaintiff may not split his cause of…

2Cases cited20 opinions

  1. Maine v. ThiboutotSupreme Court of the United States · 1980
  2. Martinez v. CaliforniaSupreme Court of the United States · 1980
  3. Wheeler v. First Ala. Bk. of BirminghamSupreme Court of Alabama · 1978
  4. Century 21, Etc. v. Ala. Real Estate Com'nSupreme Court of Alabama · 1981
  5. Norman Tobacco & Candy Company, Inc. v. Gillette Safety Razor CompanyCourt of Appeals for the Fifth Circuit · 1961

15 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. L.A. Draper & Son v. Wheelabrator-Frye, Inc., a Corporation Hessco Industrial Supply, Inc., a Corporation Fred Z. Hester, an IndividualCourt of Appeals for the Eleventh Circuit · 1984
  2. Equity Resources Management, Inc. v. VinsonSupreme Court of Alabama · 1998
  3. Garrett v. HaddenSupreme Court of Alabama · 1986
  4. Marx v. Truck Renting & Leasing Ass'nMississippi Supreme Court · 1987
  5. Ex Parte Canal Ins. Co.Supreme Court of Alabama · 1988

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