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FONDA CORPORATION v. DEPARTMENT OF HUMAN RESOURCES.

BANKE, Judge.

The plaintiff, a building contractor, sued the Department of Human Resources to collect for labor and materials furnished under a construction contract. The department moved to dismiss for failure to state a claim upon which relief could be granted, contending that the action was barred by the doctrine of sovereign immunity. The trial court granted the motion, and the plaintiff appeals. Held:

This case is controlled by this court's decision in C.F.I. Const. Co. v. Bd. of Regents, 145 Ga. App. 471 ( 243 S.E.2d 700) (1978), wherein it was held that, sovereign immunity notwithstanding, a contractor has the right to sue the state under the eminent domain provision of the State Constitution (Art. I, Sec. III, Par. I of the Constitution of 1978; Code Ann. § 2-301) to collect for labor and materials which he has supplied and which the state has accepted and retained. Therefore, the complaint states a valid claim for relief and it was error to grant the motion to dismiss.

Judgment reversed. Deen, P. J., and Smith, J., concur.

ARGUED JUNE 28, 1978 — DECIDED SEPTEMBER 14, 1978.
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FONDA CORPORATION v. DEPARTMENT OF HUMAN RESOURCES
(Sep 14, 1978)