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J & P CONST. CO. v. VALTA CONST. CO.

82-646.

452 So.2d 857 (1984)

J & P CONSTRUCTION COMPANY v. VALTA CONSTRUCTION COMPANY.

Supreme Court of Alabama.

June 1, 1984.

Attorney(s) appearing for the Case

J. Russell Gibson III of Phelps, Owens, Jenkins, Gibson & Fowler, Tuscaloosa, for appellant.

W. Donald Bolton, Jr. of Foster, Brackin & Bolton, Foley, for appellee.

FAULKNER, Justice.

J & P Construction Company appeals from the denial of its Rule 60(b), A.R. Civ.P., motion seeking to set aside a default judgment. We reverse and remand.

Valta Construction Company filed a three-count complaint against J & P in the Circuit Court of Baldwin County. The first count claimed $35,000.00 for breach of contract. Valta alleged that it had entered into a contract with J & P as a subcontractor to do excavating work at...

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