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ALABAMA DEPT. OF ENV. MGT. v. WRIGHT BROS.

2910179-X.

604 So.2d 429 (1992)

The ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT v. WRIGHT BROTHERS CONSTRUCTION COMPANY, INC.

Court of Civil Appeals of Alabama.

August 21, 1992.

Attorney(s) appearing for the Case

James L. Wright, Montgomery, for appellant.

Thomas R. Elliott, Jr. and John W. Dodson of London, Yancey, Elliott & Burgess, Birmingham, for appellee.

ROBERTSON, Presiding Judge.

Wright Brothers Construction Company, Inc. (Wright Brothers) was the site grading contractor for the Eastwood Festival Centre project in Birmingham, Alabama. As such, Wright Brothers cut and filled a portion of Red Mountain in order to create a sixty-acre, level site for development. The contract provided that Wright Brothers was responsible for erosion and pollution control. Despite Wright Brothers...

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