McKINNEY v. CITY OF BIRMINGHAM

FAULKNER, Justice.

Writ denied.

MERRILL, HARWOOD, COLEMAN, BLOODWORTH, MADDOX and McCALL, JJ., concur.

JONES, J., dissents.

HEFLIN, C. J., not sitting.

JONES, Justice (dissenting).

I would grant the writ. My views have been expressed in McKinney v. City of Birmingham, 292 Ala. 484, 296 So.2d 236 (1974), released simultaneously with this opinion, and I respectfully dissent on the same grounds.