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EX PARTE ALABAMA DEPT. OF TRANSP.

1051661.

978 So.2d 718 (2007)

EX PARTE ALABAMA DEPARTMENT OF TRANSPORTATION. (In re S & M Equipment Company, Inc. v. Alabama Department of Transportation, Colbert County, and John Bedford).

Supreme Court of Alabama.

August 10, 2007.

Attorney(s) appearing for the Case

Kyle T. Smith and Jaime C. Erdberg of Sirote & Permutt, P.C., Birmingham; and Jim R. Ippolito, Jr., chief counsel for the Alabama Department of Transportation, for petitioner.

Jack G. Kowalski, L. Griffin Tyndall, and David G. Wanhatalo of Burr & Forman, LLP, Birmingham, for respondents S&M Equipment Company, Inc.; and Jacqueline M. Hatcher, circuit judge, Colbert County.

Craig S. Dillard of Webb & Eley, P.C., Montgomery; and James A. Patton, Tuscumbia, for respondents Colbert County and John Bedford.

PETITION FOR WRIT OF MANDAMUS

BOLIN, Justice.

The Alabama Department of Transportation ("ALDOT") petitions this Court for a writ of mandamus directing the Colbert Circuit Court to enter an order dismissing the breach-of-contract claim asserted by S & M Equipment Company, Inc. ("S & M Equipment"), against it. ALDOT has demonstrated a clear legal right to the relief requested; therefore, we grant the petition and issue the writ.

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