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SHIRLEY'S IRON WORKS v. CITY OF UNION

No. 4637.

387 S.C. 389 (2010)

693 S.E.2d 1

SHIRLEY'S IRON WORKS, INC., and Tindall Corporation, Appellants, v. CITY OF UNION, South Carolina, Gilbert Group, LLC and William E. Gilbert, Respondents.

Court of Appeals of South Carolina.

Decided December 9, 2009.

Withdrawn, Substituted, and Refiled February 11, 2010.

Rehearing Denied May 20, 2010.

Attorney(s) appearing for the Case

Boyd Benjamin Nicholson, of Greenville; N. Ward Lambert, and R. Patrick Smith, of Greenville; all for Appellants.

Andrew F. Lindemann, of Columbia; Gilbert Bagnell, of Columbia; William E. Whitney, Jr., of Union; all for Respondents.

WILLIAMS, J.

In this case, we must determine whether the circuit court erred in granting summary judgment in favor of the City of Union (the City) as to Shirley's Iron Works, Inc. and Tindall Corporation's (Appellants) claims. We affirm as modified.

FACTS/PROCEDURAL HISTORY

In 2000, the South Carolina Legislature enacted the Subcontractors' and Suppliers' Payment Protection Act (SPPA). S.C.Code Ann. §§ 29-6-210 to -290 (Supp.2008). The...

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