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ALABAMA DEPT. OF TRANSP. v. HARBERT INTERN., INC.

1050271.

990 So.2d 831 (2008)

ALABAMA DEPARTMENT OF TRANSPORTATION; Joe McInnes, director of the Alabama Department of Transportation; and Governor Bob Riley v. HARBERT INTERNATIONAL, INC.

Supreme Court of Alabama.

March 7, 2008.

Attorney(s) appearing for the Case

Troy King, atty. gen., Kevin C. Newsom, deputy atty. gen., and John J. Park, Jr., asst. atty. gen., for appellants.

Steven L. Nicholas of Olen, Nicholas & Copeland, P.C., Mobile; and Douglas L. Patin of Bradley Arant Rose & White, Washington, D.C., for appellee.

SMITH, Justice.1

The Alabama Department of Transportation ("ALDOT"); Governor Bob Riley; and the director of ALDOT, Joe McInnes ("the director"), appeal from the judgment of the trial court in favor of Harbert International, Inc. ("Harbert"), in Harbert's action seeking declaratory and mandamus relief. We affirm in part, reverse in part, dismiss in part, and remand with directions.

In the early 1980s, ALDOT determined that the...

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