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W & O CONST. CO. v. CITY OF SMITHVILLE

557 S.W.2d 920 (1977)

W & O CONSTRUCTION CO., INC., Appellant-Plaintiff, v. CITY OF SMITHVILLE, Appellee-Defendant.

Supreme Court of Tennessee.

November 21, 1977.

Attorney(s) appearing for the Case

T. Eugene Jared, Cookeville (Cameron & Jared, Cookeville, of counsel), for appellant-plaintiff.

McAllen Foutch, Smithville, for appellee-defendant.

OPINION

HARBISON, Justice.

This suit was brought by a contractor to recover extra costs for rock removal under a building contract with the City of Smithville for the erection of a waste water treatment plant. The Chancellor sustained a motion of the defendant to strike a number of documents exhibited to the complaint and also sustained a motion to dismiss for failure to state a claim upon which relief could be...

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