J. D. Maxwell v. City Birmingham Et Al‪.‬

MERRILL, Justice. This appeal is from a final decree dissolving a temporary injunction and dismissing appellant's bill of complaint. Appellant was a licensed master plumber in Birmingham. He was notified to appear before the Board of Plumbing Examiners for a hearing 'concerning your Master Plumber's Certificate of Competency.' The reason for the hearing was the finding of answers to the plumbing examination in the office of a discharged Chief Plumbing Inspector. Most of the answers were correct. These answers had been compared with appellant's examination paper and there was a striking similarity. There were eighty-eight identical, word for word answers. The same incorrect answers on the sample were incorrect on appellant's examination. One answer required the words 'sea level,' and on each they appeared 'see level.' At the Conclusion of the hearing before the Board, appellant's license was revoked. The Board found that 'Comparison of examination answers with other examination papers on file in the office of the Chief Plumbing Inspector shows, beyond a reasonable doubt that the examination was not fairly taken.' Appellant appealed to the City Commission under § 19 of the Plumbing Code. The Commission affirmed the finding of the Plumbing Board. He then filed a suit against the city and the Board, in equity, seeking to enjoin appellees from interfering with his business and restraining and enjoining them from refusing to issue plumbing permits to him, and seeking to have the master plumber's certificate of competency restored to him.