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BROWN BROS. v. METROPOLITAN GOVERNMENT

877 S.W.2d 745 (1993)

BROWN BROTHERS, INC., Plaintiff/Appellant, v. The METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, Tennessee, Defendant/Appellee.

Court of Appeals of Tennessee, Middle Section at Nashville.

Permission to Appeal Denied May 16, 1994.

Attorney(s) appearing for the Case

Gregory L. Cashion and Lawrence B. Hammet, II, Manier, Herod, Hollabaugh & Smith, Nashville, for plaintiff/appellant.

James L. Murphy, III, Director of Law, The Dept. of Law of the Metropolitan Government of Nashville and Davidson County, Erika Geetter and Stephen O. Nunn, Metropolitan Attys., Nashville, for defendant/appellee.

Permission to Appeal Denied by Supreme Court May 16, 1994.

OPINION

CANTRELL, Judge.

This is a dispute over losses due to the amount of subsurface rock encountered in a roadbuilding contract, and to construction delays caused by relocating the utilities. The contractor, Brown Brothers, Inc., alleges that the Metropolitan Government of Nashville and Davidson County (Metro) warranted its estimates of the amount of rock to be removed, and that...

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