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BENNING CONSTR. CO. v. DYKES PAVING

S92G0980, S92G1050.

263 Ga. 16 (1993)

426 S.E.2d 564

BENNING CONSTRUCTION COMPANY et al. v. DYKES PAVING & CONSTRUCTION COMPANY, INC. (two cases).

Supreme Court of Georgia.

Reconsideration Denied March 24, 1993.

Attorney(s) appearing for the Case

Kilpatrick & Cody, H. Quigg Fletcher III, for appellants.

Thompson & Slagle, DeWitte Thompson, Jr., for appellee.

Smith, Currie & Hancock, Robert B. Ansley, Jr., George Papaioanou, amicus curiae.

CLARKE, Chief Justice.

Appellant Benning Construction Company (Benning) is a general contracting firm which entered into an agreement with Shaheen & Company (Shaheen) to construct an office and warehouse facility. Benning subsequently subcontracted with Scarboro Paving (Scarboro) to perform the paving, curb, and gutter work associated with this project.

Although Benning's contract with Scarboro specifically prohibited...

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