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EX PARTE ALABAMA DEPT. OF TRANSP.

1070288.

990 So.2d 366 (2008)

Ex parte ALABAMA DEPARTMENT OF TRANSPORTATION. (In re Jones Brothers, Inc.; Travelers Casualty and Surety Company of America; and Louana Construction Corporation v. Alabama Department of Transportation).

Supreme Court of Alabama.

March 7, 2008.

Attorney(s) appearing for the Case

Jim R. Ippolito, Jr., asst. atty. gen. and chief counsel, Alabama Department of Transportation; and Kyle T. Smith and R. Ryan Daugherty, deputy attys. gen., of Sirote & Permutt, Birmingham, for petitioner.

Submitted on petitioner's brief only.

SMITH, Justice.

The Alabama Department of Transportation ("ALDOT") petitions this Court for a writ of mandamus directing the trial court to dismiss the underlying action on the basis of State immunity. We grant the petition and issue the writ.

Facts and Procedural History

In October 2000, Jones Brothers, Inc. ("JBI"), entered into a contract with ALDOT to perform construction on a "flyover bridge...

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