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CITY OF BIRMINGHAM v. BUSINESS REALTY INV. CO.

1961823, 1961889.

722 So.2d 747 (1998)

CITY OF BIRMINGHAM v. BUSINESS REALTY INVESTMENT COMPANY, an Alabama Corporation. Business Realty Investment Company and Rick Bentley v. City of Birmingham.

Supreme Court of Alabama.

September 11, 1998.

Attorney(s) appearing for the Case

Edward E. May and Lawrence Cooper of Edward E. May & Associates, Birmingham, for appellant/cross appellee City of Birmingham.

William D. Jones III and Anthony A. Joseph of Johnston, Barton, Proctor & Powell, L.L.P., Birmingham, for appellees/cross appellants Business Investment Company and Rick Bentley.

KENNEDY, Justice.

This case involves several construction contracts between the City of Birmingham and Business Realty Investment Company ("BRIC").

BRIC is a general contractor. In 1989 and 1990, the City entered into contracts with BRIC by which BRIC was to build several street connectors and sidewalks for the City. United States Fidelity & Guaranty Company ("USF&G") was BRIC's bonding company. USF&G provided the bond on the contracts between...

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