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SLOAN CONST. CO. v. SOUTHCO GRASSING

No. 4085.

368 S.C. 523 (2006)

629 S.E.2d 372

SLOAN CONSTRUCTION COMPANY, INC., Appellant, v. SOUTHCO GRASSING, INC., Wanda Surrett, South Carolina Department of Transportation, and Greer State Bank, Defendants, of whom South Carolina Department of Transportation is Respondent.

Court of Appeals of South Carolina.

Decided February 21, 2006.

Withdrawn, Substituted, and Refiled April 24, 2006.

Rehearing Denied April 24, 2006.

Attorney(s) appearing for the Case

T.S. Stern, Jr., of Greenville, for Appellant.

Beacham O. Brooker, Jr., of Columbia, for Respondent.

WILLIAMS, J.:

Sloan Construction Company, Inc., ("Sloan") appeals the dismissal of its action against the South Carolina Department of Transportation ("SCDOT"), arguing South Carolina Code Sections 29-6-250 and 57-5-1660(a)(2) (Supp.2004) give rise to a private right of action against a violating state agency. We affirm.

FACTS

The facts of this case are largely uncontested. SCDOT hired Southco Grassing, Inc., ("Southco") as the general contractor...

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