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ROBERSON v. C.P. ALLEN CONSTR. CO., INC.

2080537.

50 So.3d 471 (2010)

James ROBERSON and Penhall Company, Inc. v. C.P. ALLEN CONSTRUCTION COMPANY, INC., d/b/a ABC Cutting Contractors.

Court of Civil Appeals of Alabama.

May 7, 2010.

Attorney(s) appearing for the Case

Robert W. Shores , Fultondale, for appellants.

Jonathan E. Raulston and John R. Bowles of Engel, Hairston & Johanson, P.C., Birmingham, for appellee.

On Application for Rehearing

MOORE, Judge.

This court's opinion of January 29, 2010, is withdrawn, and the following is substituted therefor.

James Roberson and Penhall Company, Inc., appeal from a judgment awarding CP. Allen Construction Company, Inc., d/b/a ABC Cutting Contractors ("ABC"), $50,000-$25,000 in "nominal" damages based on Roberson's breach of a noncompete agreement and $25,000 in damages for Penhall's tortious interference with...

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