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MARVIN W. SUMLIN CONST. v. CITY OF PRICHARD

83-611.

465 So.2d 371 (1985)

MARVIN W. SUMLIN CONSTRUCTION COMPANY, INC. v. The CITY OF PRICHARD.

Supreme Court of Alabama.

February 8, 1985.

Attorney(s) appearing for the Case

D.E. Brutkiewicz, Jr. of Brutkiewicz & Crain, Mobile, for appellant.

Richard D. Horne, Mobile, for appellee.

ALMON, Justice.

This is an appeal from the dismissal of a counterclaim made final pursuant to a Rule 54(b), A.R.Civ.P., order. On May 23, 1980, the City of Prichard sued Marvin W. Sumlin Construction Company, Inc., for breach of contract. Sumlin received service on May 30 and answered with a general denial on June 23, 1980. On February 2, 1982, Sumlin filed a motion for leave to amend its answer. The court granted this motion on February 26, 1982. On that same date...

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