C. W. MATTHEWS CONTRACTING COMPANY, INC. v. DEPARTMENT OF TRANSPORTATION OF GEORGIA

62427.

160 Ga. App. 265 (1981)

286 S.E.2d 756

C. W. MATTHEWS CONTRACTING COMPANY, INC. v. DEPARTMENT OF TRANSPORTATION OF GEORGIA.

Court of Appeals of Georgia.

Rehearing Denied November 2, 1981.


Attorney(s) appearing for the Case

William T. Gerard, for appellant.

Arthur K. Bolton, Attorney General, Robert S. Stubbs, Executive Assistant Attorney General, Don A. Langham, First Assistant Attorney General, Marion O. Gordon, Senior Assistant Attorney General, Roland F. Matson, Assistant Attorney General, for appellee.


DEEN, Presiding Judge.

Matthews filed a verified complaint for declaratory judgment alleging that it had entered into a highway construction contract with appellee to build certain bridges crossing an interstate highway. The bridges were to be constructed on top of and between fills which had been constructed by another contractor. To gain access to the top of the fills, Matthews dug a haul road in the fill and then later refilled the road after the bridges were constructed...

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