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CHARLESTON COUNTY SCH. v. LAIDLAW TRANSIT

No. 3429.

348 S.C. 420 (2001)

559 S.E.2d 362

CHARLESTON COUNTY SCHOOL DISTRICT, Respondent, v. LAIDLAW TRANSIT, INC. and South Carolina Department of Education, Of Whom Laidlaw Transit, Inc. is the, Appellant.

Court of Appeals of South Carolina.

Decided December 31, 2001.

Rehearing Denied February 22, 2002.

Attorney(s) appearing for the Case

John A. Massalon, of Wills & Massalon, of Charleston; Jay Williams and Heidi Dalenberg, both of Schiff, Hardin & Waite, of Chicago, IL, for appellant.

Arnold S. Goodstein, Alice F. Paylor, Donald B. Clark and Kevin R. Eberle, all of Rosen, Goodstein & Hagood, of Charleston, for respondent.

HOWARD, J.

In this declaratory judgment action, Laidlaw Transit, Inc. appeals from a circuit court order dismissing its equitable counterclaims pursuant to Rule 12(b)(6), SCRCP. We affirm.

FACTS/PROCEDURAL HISTORY

On January 17, 1997, the Charleston County School District ("the School District") entered into a written contract with Laidlaw and the South Carolina Department of Education ("the Department of Education"), whereby Laidlaw agreed to provide...

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