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TIN MAN ROOFING CO. v. BIRMINGHAM BD. OF EDUC.

87-1082-CER.

536 So.2d 1383 (1988)

TIN MAN ROOFING COMPANY, INC. v. BIRMINGHAM BOARD OF EDUCATION, et al.

Supreme Court of Alabama.

December 9, 1988.

Attorney(s) appearing for the Case

Richard E. Smith of Rives & Peterson, Birmingham, for appellant.

Joseph W. Mathews, Jr., of Lange, Simpson, Robinson & Somerville, Birmingham, for appellees.

HOUSTON, Justice.

Pursuant to Rule 18, Ala.R.Civ.P., we have consented to answer the following question, which was certified to us by the United States District Court for the Northern District of Alabama:

"Does Alabama Code [1975], § 41-16-50(a), apply to the `re-roofing' contract contained in Exhibit A such as to permit (if not mandate) the awarding authority to award the contract to a resident bidder whose bid is not more than three percent greater...

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