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EX PARTE ALABAMA DEPT. OF TRANSP.

1101439.

143 So.3d 730 (2013)

EX PARTE ALABAMA DEPARTMENT OF TRANSPORTATION and John R. Cooper, as director of the Alabama Department of Transportation. (In re Asphalt Contractors, Inc. v. Alabama Department of Transportation and John R. Cooper, as director of the Alabama Department of Transportation).

Supreme Court of Alabama.

December 6, 2013.

Attorney(s) appearing for the Case

Luther Strange , atty. gen.; John C. Neiman, Jr. , deputy atty. gen.; and Jim R. Ippolito, Jr., asst. atty. gen. and chief counsel, and Floyd R. Gilliland, Jr. , and Reed Williams , deputy attys. gen., Alabama Department of Transportation, for petitioners.

Cowin Knowles and E. Hamilton Wilson, Jr. , of Ball, Ball, Matthews & Novak, P.A., Montgomery, for respondent.

MURDOCK, Justice.

The Alabama Department of Transportation ("ALDOT") and its director John R. Cooper petition this Court for a writ of mandamus directing the Montgomery Circuit Court to vacate its order denying their motion to dismiss all claims filed against them by Asphalt Contractors, Inc. ("ACI"). We grant the petition in part and deny it in part.

I. Facts and Procedural History

Most of the factual background is succinctly explained in...

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