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ALABAMA ELEC. CO-OP. v. BAILEY'S CONSTR.

No. 1050433.

950 So.2d 280 (2006)

ALABAMA ELECTRIC COOPERATIVE, INC., et al. v. BAILEY'S CONSTRUCTION COMPANY, INC.

Supreme Court of Alabama.

July 28, 2006.

Attorney(s) appearing for the Case

Ronald G. Davenport and R. Austin Huffaker, Jr., of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for appellants.

E.L. McCafferty III and Clay A. Lanham of Vickers, Riis, Murray & Curran, L.L.C., Mobile, for appellee.

LYONS, Justice.

Alabama Electric Cooperative, Inc. ("AEC"), and its insurers — Wausau Insurance Company and Aegis Insurance Services, Inc. — appeal from a summary judgment in favor of Bailey's Construction Company, Inc. ("Bailey"). We affirm.

I. Facts and Procedural History

On March 2, 2000, AEC and Bailey entered into a written contract whereby Bailey agreed to remove ash and sludge from one of AEC's holding ponds. The terms...

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