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MILLER AND MILLER CONST. CO. v. MADEWELL

2000683.

829 So.2d 778 (2002)

MILLER AND MILLER CONSTRUCTION COMPANY, INC. v. Gary Wayne MADEWELL.

Court of Civil Appeals of Alabama.

March 22, 2002.

Attorney(s) appearing for the Case

David M. Wilson and Jonathan L. Berryhill of Wilson & Berryhill, P.C., Birmingham, for appellant.

J. Barton Warren, Huntsville, for appellee.

PITTMAN, Judge.

This is the third appeal in this case. See Miller & Miller Constr. Co. v. Madewell, 736 So.2d 1098 (Ala.Civ.App.1998), rev'd, 736 So.2d 1104 (Ala.1999), opinion on remand from the Supreme Court, 736 So.2d 1107 (Ala.Civ.App.1999) ("Miller I"), and opinion on return to remand, Miller & Miller Constr. Co. v. Madewell,

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