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T.C.B. CONST. CO. v. W.C. FORE TRUCKING

No. 2010-CA-00177-COA.

134 So.3d 752 (2012)

T.C.B. CONSTRUCTION COMPANY, INC., Appellant/Cross-Appellee v. W.C. FORE TRUCKING, INC., Appellee/Cross-Appellant.

Court of Appeals of Mississippi.

June 12, 2012.

Attorney(s) appearing for the Case

Lawrence Cary Gunn Jr. , Hattiesburg, William F. Goodman Jr. , Jackson, attorneys for appellant.

James K. Wetzel , Gulfport, Michael E. Cox , Biloxi, attorneys for appellee.

EN BANC.

MODIFIED OPINION ON REHEARING

MAXWELL, J., for the Court:

¶ 1. The motion for rehearing is denied. The court's original opinion is withdrawn, and this opinion is substituted in lieu thereof.

¶ 2. T.C.B. Construction Company, Inc. (TCB) sued W.C. Fore Trucking, Inc. (Fore) for breach of contract. The suit was based on Fore's non-payment for work TCB performed removing debris south of Highway 53 in Harrison County, Mississippi, after Hurricane...

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