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CONE CORPORATION v. STATE, DEPT. OF TRANSPORTATION

No. 89-01523.

556 So.2d 530 (1990)

The CONE CORPORATION, Appellant, v. STATE of Florida, DEPARTMENT OF TRANSPORTATION, Appellee.

District Court of Appeal of Florida, Second District.

February 9, 1990.

Attorney(s) appearing for the Case

Maxwell G. Battle, Jr., of Maxwell G. Battle, Jr., P.A., Dunedin, for appellant.

Gregory G. Costas and Thomas H. Bateman, III, General Counsel, State of Florida, Dept. of Transp., Tallahassee, for appellee.

PATTERSON, Judge.

The Cone Corporation (Cone) appeals from a final action of the State Arbitration Board (Board) which denied Cone's claim for funds withheld by the Florida Department of Transportation (DOT) in a construction contract dispute. We reverse.

Cone and the DOT entered into a written contract for construction of a state road project which had federal aid participation by the Federal Highway Administration (FHWA). The contract contained a Disadvantaged...

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