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TYGER CONST. v. DEPT. OF HWYS. & TRANSP.

Record No. 0771-92-1.

435 S.E.2d 659 (1993)

TYGER CONSTRUCTION COMPANY, INCORPORATED and Pensacola Construction Company, Joint Venturers Doing Business as Tyger-Pensacola v. COMMONWEALTH of Virginia, DEPARTMENT OF HIGHWAYS AND TRANSPORTATION, and Comptroller of the Commonwealth of Virginia.

Court of Appeals of Virginia.

September 28, 1993.

Attorney(s) appearing for the Case

Guilford D. Ware (Martha M. Poindexter, Crenshaw, Ware & Martin, on brief), for appellants.

Todd E. LePage, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., K. Marshall Cook, Deputy Atty. Gen., Richard L. Walton, Jr., Senior Asst. Atty. Gen., on brief), for appellees.

Present: BAKER, BARROW and BENTON, JJ.

BENTON, Judge.

Tyger Construction Company, Incorporated, and Pensacola Construction Company, joint venturers doing business as Tyger-Pensacola (Tyger), appeal from the circuit judge's grant of partial summary judgment in favor of the Department of Highways and Transportation (VDOT). The circuit judge ruled that Tyger, a general contractor, who entered into a contract in 1985 with VDOT to construct portions of an interstate highway, could not assert a claim that its...

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