Olan Mills, Inc. of Tennessee v. Opelika, Greenville, Alexander City, Jasper & Thomasville, Alabama

JOHNSON, District Judge.

This cause is now submitted to this Court upon the motions to dismiss filed herein by each of the named defendants, said defendants being sued “as representatives of a class consisting of all the municipal corporations in the State of Alabama.” The motion to dismiss filed by all but one of the named defendants is based upon several grounds other than the general ground that the complaint fails to state a claim against the defendants upon which relief can be granted. The motions to dismiss by each of the defendants set up that ground as a basis for the dismissal action…