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HENDERSON EXCAVATING COMPANY, INC. v. ALABAMA DEPARTMENT OF TRANSPORTATION

1051644.

987 So.2d 1090 (2007)

HENDERSON EXCAVATING COMPANY, INC. v. ALABAMA DEPARTMENT OF TRANSPORTATION.

Supreme Court of Alabama.

Rehearing Denied January 18, 2008.

Attorney(s) appearing for the Case

H. Glenn Waldrop, Jr., Ivan B. Cooper, and William E. Bonner of Lightfoot, Franklin & White, L.L.C., Birmingham, for appellant.

Robert A. Huffaker of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, for appellee.

SMITH, Justice.

The judgment is affirmed upon the authority of Ex parte Alabama Department of Transportation, 978 So.2d 718 (Ala. 2007), and Ex parte Alabama Department of Transportation, 978 So.2d 17 (Ala.2007).

AFFIRMED.

COBB, C.J., and SEE, LYONS, WOODALL, STUART, BOLIN, PARKER, and MURDOCK...

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