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STATE, DEPT. OF TRANSP. v. DOUGLAS ASPHALT CO.

No. A08A2377.

671 S.E.2d 899 (2009)

STATE of Georgia, DEPARTMENT OF TRANSPORTATION v. DOUGLAS ASPHALT COMPANY.

Court of Appeals of Georgia.

January 2, 2009.

Attorney(s) appearing for the Case

Thurbert E. Baker, Attorney General, Reinhardt, Whitley, Wilmot, Summerlin & Pittman, John R. Reinhardt, G. Thomas Davis, Paul R. Jordan, Atlanta, Donald P. Boyle, Jr., William G. Bertram, for appellant.

Savage, Turner, Pinson & Karsman, Brent J. Savage, William H. Pinson, Jr., Savannah, Spurlin & Spurlin, John C. Spurlin, Tifton, Christopher D. Britt, Savannah, Kenneth E. Futch Jr., Waycross, for appellee.

BLACKBURN, Presiding Judge.

In this civil action arising out of an interstate paving project, Douglas Asphalt Company sued the Georgia Department of Transportation ("DOT") for breach of contract and, during the course of the litigation, successfully moved to exclude evidence pursuant to OCGA § 24-9-67.1. Shortly thereafter, the trial court granted Douglas Asphalt's motion under OCGA § 9-15-14 to recover attorney...

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