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SHIRLEY'S IRON WORKS v. CITY OF UNION

No. 4637.

397 S.C. 584 (2009)

726 S.E.2d 208

SHIRLEY'S IRON WORKS, INC., and Tindall Corporation, Appellants, v. CITY OF UNION, South Carolina, Gilbert Group, LLC and William E. Gilbert, Respondents.

Court of Appeals of South Carolina.

Decided December 9, 2009.

Withdrawn, Substituted and Refiled February 11 and May 20, 2010.

Attorney(s) appearing for the Case

Boyd Benjamin Nicholson , N. Ward Lambert and R. Patrick Smith , all of Greenville; for Appellants.

Andrew Lindemann , and Gilbert Bagnell , both of Columbia and William Whitney, Jr. , of Union; for Respondents.

WILLIAMS, J.

In this case, we must determine whether the circuit court erred in granting summary judgment in favor of the City of Union (the City) as to Shirley's Iron Works, Inc. and Tindall Corporation's (Appellants) claims. We reverse in part and affirm in part.

FACTS/PROCEDURAL HISTORY

In 2000, the South Carolina Legislature enacted the Subcontractors' and Suppliers' Payment Protection Act (SPPA). S...

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