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TILLETT BROS. CONSTRUCTION COMPANY, INC. v. DEPT. OF TRANSP.

A93A0149, A93A0150.

210 Ga. App. 84 (1993)

435 S.E.2d 241

TILLETT BROTHERS CONSTRUCTION COMPANY, INC. v. DEPARTMENT OF TRANSPORTATION; and vice versa.

Court of Appeals of Georgia.

Reconsideration Denied August 23, 1993.

Attorney(s) appearing for the Case

Smith, Currie & Hancock, Robert B. Ansley, Jr., Fredric W. Stearns, Joseph P. Henner, for appellant.

Michael J. Bowers, Attorney General, George P. Shingler, Senior Assistant Attorney General, William G. Cromwell, Lisa H. O'Day, Staff Attorneys, for appellee.

POPE, Chief Judge.

The case giving rise to these cross-appeals is a renewal action of a previous case which was dismissed pursuant to OCGA § 9-2-60 (b) because no written order had been taken in the case for a period of five years. The complaint in this renewal action was filed on May 31, 1991. The complaint in the previous case was filed July 22, 1985 by the Georgia Department of Transportation ("DOT") against Tillett Brothers Construction Company, Inc. ("Tillett...

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