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FIRST STATE BANK OF ALTOONA v. BASS

80-722.

406 So.2d 896 (1981)

FIRST STATE BANK OF ALTOONA v. Ray D. BASS.

Supreme Court of Alabama.

November 20, 1981.

Attorney(s) appearing for the Case

S. P. Keith, Jr., of Keith, Keith & Keith, for appellant.

Maury D. Smith, Sterling G. Culpepper, Jr., and William P. Cobb, II, of Smith, Bowman, Thagard, Crook & Culpepper, Montgomery, for appellee.

SHORES, Justice.

This is an appeal from the granting of a motion to dismiss on the grounds that any claim against the defendant, Ray D. Bass,* in his capacity as state highway director, was barred by the doctrine of sovereign immunity. The trial court in its order set out the following facts:

"1. On or about October 22, 1976, Southeastern Services, Inc., entered into a contract with the State of Alabama Highway Department whereby...

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