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RAINER v. TILLETT BROS. CONST. CO.

78-871.

381 So.2d 36 (1980)

Rex RAINER, as Highway Director, etc. v. TILLETT BROTHERS CONSTRUCTION COMPANY.

Supreme Court of Alabama.

March 7, 1980.

Attorney(s) appearing for the Case

Sterling G. Culpepper, Jr., and David R. Boyd of Smith, Bowman, Thagard, Crook & Culpepper, Montgomery, for appellant.

Albert W. Copeland and Calvin M. Whitesell of Hobbs, Copeland, Franco & Screws, Montgomery, for appellee.

BEATTY, Justice.

The defendant, Rex Rainer, as Highway Director of the State of Alabama, appeals from the grant of a writ of mandamus directing him to pay Six Hundred Thirty-Five Thousand Dollars ($635,000.00) to the plaintiff. We reverse and remand.

Tillett Brothers Construction Company, Inc., plaintiff, entered into a contract with the State of Alabama on May 1, 1972 to construct a segment of public highway near...

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