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MISS. STATE HIGHWAY COM'N v. DIXIE CONTRACTORS, INC.

No. 52695.

402 So.2d 811 (1981)

MISSISSIPPI STATE HIGHWAY COMMISSION v. DIXIE CONTRACTORS, INC.

Supreme Court of Mississippi.

Rehearing Denied September 16, 1981.

Attorney(s) appearing for the Case

William A. Allain, Atty. Gen., Frank Shanahan, Asst. Atty. Gen., K. Hayes Callicutt, Shell, Buford, Bufkin, Callicutt & Perry, Jackson, for appellant.

Vardaman S. Dunn, Cox & Dunn, Jackson, for appellee.

Before PATTERSON, SUGG and BROOM, JJ.

SUGG, Justice.

This is the second appeal1 of this case and involves a claim of Dixie Contractors, Inc. against the Mississippi State Highway Commission for highway construction performed by Dixie under a contract with the Commission on a federal aid project.

At the conclusion of the first trial in the Chancery Court of the First Judicial District of Hinds County, the chancellor awarded Dixie a judgment against the Commission for...

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