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BLAKE CONST. v. UPPER OCCOQUAN SEWAGE AUTH.

Record No. 022075.

587 S.E.2d 711 (2003)

266 Va. 564

BLAKE CONSTRUCTION CO., INC./ POOLE & KENT v. UPPER OCCOQUAN SEWAGE AUTHORITY.

Supreme Court of Virginia.

October 31, 2003.

Attorney(s) appearing for the Case

S. Miles Dumville (Robert F. Moorman, Richmond; Joseph S. Luchini, Michael L. Zupan, Reed Smith, Falls Church, on briefs), for appellant.

Robert K. Richardson (Dexter S. Odin, Sally Ann Hostetler, Fairfax; Jane A. Allen, Richmond; Odin, Feldman & Pittleman, Fairfax, on brief), for appellee.

The City of Alexandria Sanitation Authority; Loudin County Sanitation Authority (Waller T. Dudley; Stanley M. Franklin: Carson H. Sullivan: McGuire Woods, on brief), McLean, Amici Curiae in support of appellee.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, AGEE, JJ., and CARRICO, Senior Justice.

OPINION BY Justice G. STEVEN AGEE.

Blake Construction Co., Inc./Poole & Kent ("the Joint Venture") appeals orders by the Circuit Court of Fairfax County entered in proceedings brought by the Joint Venture against the Upper Occoquan Sewage Authority ("UOSA").

On appeal, the Joint Venture assigns as error the trial court's sustaining of UOSA's demurrer to Count I of the Joint Venture's amended motion for judgment and declaratory judgment which alleged that...

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