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STATE v. TEXAS BITULITHIC COMPANY

No. 11755.

453 S.W.2d 866 (1970)

STATE of Texas, Appellant, v. TEXAS BITULITHIC COMPANY, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied May 20, 1970.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen., Nola White, 1st Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., J. C. Davis and John H. Banks, Asst. Attys. Gen., for appellant.

Ritchie, Ritchie & Crosland, J. W. Crosland, Dallas, for appellee.

PHILLIPS, Chief Justice.

On July 5, 1962 a contract was entered into between Appellant and Appellee for the construction of 8.018 miles of Interstate Highway 20 in Van Zandt County, Texas.

Appellee began construction of the highway on September 24, 1962 and continued until it was notified by letter from Appellant dated February 1, 1963 to temporarily suspend work on the project. This notification was in accordance...

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