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Smart Summary

Factual and Procedural Background

This opinion arises from an appeal to the Court of Appeals of Alabama from the Circuit Court of Jefferson County, presided over by Judge Geo. Lewis Bailes. The appellant is F. L. Shuttlesworth, represented by Arthur D. Shores and Orzell Billingsley, Jr., and the appellee is the City of Birmingham, represented by J.M. Breckenridge and Jas. G. Adams, III. The procedural posture involves a motion to strike the transcript of evidence in the case.

Legal Issues Presented

  1. Whether the motion to strike the transcript of evidence should be granted.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
White v. City of Birmingham, 130 So.2d 231 Authority supporting the granting of a motion to strike the transcript of evidence. The court affirmed the motion to strike the transcript of evidence based on the authority of this precedent.

Court's Reasoning and Analysis

The court granted the motion to strike the transcript of evidence and affirmed this ruling by relying directly on the authority of the prior decision in White v. City of Birmingham. The opinion does not elaborate further on the factual or legal basis beyond this citation.

Holding and Implications

The court affirmed the granting of the motion to strike the transcript of evidence.

The direct effect of this decision is to uphold the exclusion of the transcript of evidence from the record. The opinion does not establish new legal precedent nor discuss broader implications beyond the parties involved.

F. L. SHUTTLESWORTH v. CITY OF BIRMINGHAM.

CATES, Judge.

Motion to strike transcript of evidence granted and affirmed on authority of White v. City of Birmingham, ante, p. 181, 130 So.2d 231.

Certiorari denied, 272 Ala. 146, 130 So.2d 231.

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SHUTTLESWORTH v. CITY OF BIRMINGHAM
(Jan 17, 1961)