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STATE HWY. DEPT. v. MILTON CONST. CO.

1900596, 1900731.

586 So.2d 872 (1991)

STATE OF ALABAMA HIGHWAY DEPARTMENT v. MILTON CONSTRUCTION COMPANY, INC. MILTON CONSTRUCTION COMPANY, INC. v. STATE OF ALABAMA HIGHWAY DEPARTMENT, et al.

Supreme Court of Alabama.

August 23, 1991.

Attorney(s) appearing for the Case

Jerry L. Weidler, Montgomery, for appellant/cross-appellee.

Rodney A. Max of Najjar Denaburg, P.C., and Wanda D. Devereaux, Montgomery, for appellee/cross-appellant.

Truman M. Hobbs, Jr. of Copeland, Franco, Screws & Gill, Montgomery, for amicus curiae The Hardaway Co.

HORNSBY, Chief Justice.

This case arises out of a contract dispute between Milton Construction Company, Inc., and the State of Alabama Highway Department. In Milton Construction Co. v. State Highway Dep't, 568 So.2d 784 (Ala.1990) ("Milton I"), we held that the clause in the contract between these parties, which authorized the Highway Department to withhold money as disincentive payments for projects not completed...

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