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RaCON, INC. v. TUSCALOOSA COUNTY

1031512.

953 So.2d 321 (2006)

RaCON, INC. v. TUSCALOOSA COUNTY, Burk-Kleinpeter, Inc., and TTL, Inc.

Supreme Court of Alabama.

As Modified on Denial of Rehearing September 15, 2006.

Attorney(s) appearing for the Case

Matthew H. Lembke, Walter J. Sears III, and Marc James Ayers of Bradley Arant Rose & White, LLP, Birmingham; and Samuel C. Kelly of Brunini, Grantham, Grower & Hewes, PLLC, Jackson, Mississippi, for appellant.

Edward S. Allen, Charles A. Burkhart, and Ed R. Haden of Balch & Bingham, LLP, Birmingham; and Robert M. Spence of Hubbard, Smith, McIlwain, Brakefield & Browder, P.C., Tuscaloosa, for appellee Tuscaloosa County.

L. Graves Stiff III and J. Scott Dickens of Starnes & Atchison, LLP, Birmingham, for appellee Burk-Kleinpeter, Inc.

Forrest L. Adams II and John M. Laney, Jr., of Laney & Foster, P.C., Birmingham, for appellee TTL, Inc.

NABERS, Chief Justice.1

RaCON, Inc., the plaintiff below, appeals from a May 21, 2004, order of the Tuscaloosa Circuit Court entering summary judgments for the defendants on multiple claims. For the reasons stated herein, we affirm each of those judgments.

I. Facts and Procedural History

In 1999 Tuscaloosa County ("the County") undertook a project to extend Mitt Lary Road ("the project"). The Alabama Department...

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