Henderson Excavating Company, Inc. v. Alabama Department of Transportation
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REL:9/28/2007 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 2290649), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA SPECIAL TERM, 2007 ____________________ 1051644 ____________________ Henderson Excavating Company, Inc. v. Alabama Department of Transportation Appeal from Montgomery Circuit Court (CV-05-2116) SMITH, Justice. The judgment is affirmed upon the authority of Ex parte Alabama Department of Transportation, [Ms. 1051661, August 10, 2007] ___ So. 2d ___ (Ala. 2007), and Ex parte Alabama 1051644 Department of Transportation, [Ms. 1060078, July 20, 2007] ___ So. 2d ___ (Ala. 2007). AFFIRMED. Cobb, C.J., and See, Lyons, Parker, and Murdock, JJ., concur. 2 Woodall, Stuart, Bolin,
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