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DEPT. OF TRANSP. v. DOUGLAS ASPHALT CO.

No. A09A0552.

677 S.E.2d 699 (2009)

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

Court of Appeals of Georgia.

April 10, 2009.

Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., G. Thomas Davis, Asst. Atty. Gen., Davis, Pickren & Seydel, Paul R. Jordan, William G. Bertram, Donald P. Boyle, Jr., for appellant.

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

BLACKBURN, Presiding Judge.

In this civil action arising out of an interstate construction and paving project, Douglas Asphalt Company sued the Georgia Department of Transportation ("DOT") for breach of contract, claiming that DOT wrongfully declared Douglas Asphalt to have defaulted on the contract and that DOT failed to pay for various project cost over-runs. DOT counterclaimed on breach of contract grounds, alleging that Douglas Asphalt

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