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BARBER v. STATE

1952062, 1952094.

703 So.2d 314 (1997)

Norman BARBER, et al. v. STATE of Alabama, et al. Ben JERNIGAN v. STATE of Alabama, et al.

Supreme Court of Alabama.

Rehearing Denied August 22, 1997.

Attorney(s) appearing for the Case

John W. Parker and Herndon Inge III, Mobile, for appellants.

Jerry L. Weidler and R. Mitchell Alton III, Counsel, State of Alabama Highway Department, for State.

Carroll H. Sullivan and Jannea S. Rogers of Clark, Scott & Sullivan, P.C., Mobile, for P & H Construction Company.

Tabor R. Novak, Jr. and E. Hamilton Wilson, Jr. of Ball, Ball, Matthews & Novak, P.A., Montgomery, for appellees.

HOUSTON, Justice.

The plaintiffs, Norman Barber, Brenda Barber, Wharfhouse Restaurant and Oyster Bar, Inc., and Ben Jernigan, appeal from a summary judgment for the defendants, the Alabama Department of Transportation ("the State") and McInnis Corporation ("McInnis"), in two consolidated actions for damages brought pursuant to Article I, § 23, and Article III, § 235, of the Alabama Constitution for a taking of, injury to, or destruction of private property...

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