City of Birmingham v. Lee

STAKELY, Justice.

This is a proceeding instituted by the Commissioners of the City of Birmingham against the members of the Personnel Board of Jefferson County and against its Director of Personnel for a declaration by declaratory judgment of the rights of Lem D. Merrill to the position of Superintendent of Streets and Garbage of the City of Birmingham. Lem D. Merrill intervened as petitioner. J. T. Waggoner, John Branyon and S. T. Johnson intervened as defendants. The case was tried before the court without the intervention of a Jury and resulted in a judgment in effect that Lem D. Merrill is…