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MILTON CONST. CO. v. STATE, HIGHWAY DEPT.

89-514.

568 So.2d 784 (1990)

MILTON CONSTRUCTION COMPANY, INC. v. STATE of Alabama HIGHWAY DEPARTMENT, et al.

Supreme Court of Alabama.

September 14, 1990.

Attorney(s) appearing for the Case

Rodney A. Max and Denise J. Lord of Najjar, Denaburg, Meyerson, Zarzaur, Max, Wright & Schwartz, Birmingham, for appellant.

Jack F. Norton, Jerry L. Weidler and Janie Baker Clarke, Montgomery, for appellees.

Truman M. Hobbs, Jr. of Copeland, Franco, Screws & Gill, Montgomery, for amicus curiae Hardaway Co.

HOUSTON, Justice.

This is an appeal from a summary judgment in favor of the defendants, the State of Alabama, State of Alabama Highway Department, and Royce King, as director of the State of Alabama Highway Department (hereinafter collectively referred to as "Highway Department"). The plaintiff, Milton Construction Company ("Milton"), had sought a judgment declaring that the disincentive clause of an incentive/disincentive payments provision in each of two highway...

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