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HILL BROS. CONST. CO. v. TRANSP. COM'N

No. 2009-CA-00053-SCT.

42 So.3d 497 (2010)

HILL BROTHERS CONSTRUCTION COMPANY, INC. v. MISSISSIPPI TRANSPORTATION COMMISSION.

Supreme Court of Mississippi.

Rehearing Denied September 16, 2010.

Attorney(s) appearing for the Case

William R. Purdy , Ralph B. Germany, Jr. , Jackson, Justin John Peterson , attorneys for appellant.

Alan M. Purdie , Grenada, Betty Ruth Fox , Jackson, James T. Metz , Michael Edwin D'Antonio, Jr. , Dion Jeffery Shanley , attorneys for appellee.

Before CARLSON, P.J., DICKINSON and PIERCE, JJ.

DICKINSON, Justice, for the Court:

¶ 1. This is a dispute over a cost-adjustment provision of a highway construction contract between Hill Brothers Construction Company and the Mississippi Transportation Commission. While we agree with the Commission's interpretation of the provision at issue, we find that it violates the mandate and scope of its enabling statute. We therefore reverse the trial court's grant of summary judgment in favor

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