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BOARD OF COM'RS v. BILL HARBERT CONSTR. CO.

1041091.

27 So.3d 1223 (2009)

BOARD OF WATER & SEWER COMMISSIONERS OF the CITY OF MOBILE v. BILL HARBERT CONSTRUCTION COMPANY and Federal Insurance Company.

Supreme Court of Alabama.

July 31, 2009.

Attorney(s) appearing for the Case

E.J. Saad and James H. Crosby of Crosby Saad, LLC, Mobile; and James E. Atchison of The Atchison Firm, Mobile, for appellant.

Edward P. Meyerson, Susan S. Wagner, and James H. White of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Birmingham, for appellees.

James G. Wyly III and Kyle S. Moran of Phelps Dunbar, LLP, Gulfport, Mississippi; and Richard O. Kingrea of Bonner Landreau Kingrea LLC, Foley, filed a brief on behalf of ATC Group Services, Inc.

PER CURIAM.

The Board of Water & Sewer Commissioners of the City of Mobile ("the Board") appeals from a summary judgment in favor of Bill Harbert Construction Company ("Harbert") and Harbert's surety, Federal Insurance Company ("Federal"). The summary judgment, which the trial court certified as final under Rule 54(b), Ala. R. Civ. P., adjudicated claims made by the Board arising out of Harbert's performance of two construction projects for the Board, as hereinafter...

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