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REL: 02/15/2008

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SUPREME COURT OF ALABAMA
OCTOBER TERM, 2007-2008 ____________________ 1061528 ____________________ Parrett Trucking, Inc. v. Telecom Solutions, Inc. ____________________ 1061618 ____________________ Parrett Trucking, LLC v. Telecom Solutions, Inc. Appeals from Morgan Circuit Court (CV-05-447)

1061528, 1061618 STUART, Justice. Parrett Trucking, Inc. ("PTI"), and Parrett Trucking, LLC ("PTL"), the purchaser of PTI's assets, appeal from the

judgment of the trial court holding that PTI breached its contract with Telecom Solutions, Inc. ("TSI"), and holding PTI and PTL, as the corporate successor to PTI, liable for damages resulting from that breach. breach of contract, and PTL PTI argues that there was no argues that TSI failed to

establish that it was the corporate successor to PTI and thus liable for any breach. We affirm the judgment as to PTI (case

no. 1061528) and reverse it as to PTL (case no. 1061618). I. Factual and Procedural Background On January 29, 2003, PTI, a Scottsboro-based trucking company, entered into a consulting agreement with TSI,

pursuant to which TSI would assist PTI in lowering the costs of its telecommunications services. TSI was to accomplish 1) securing

this by analyzing PTI's past invoices and then:

refunds and/or credits for past overcharges and 2) identifying options to reduce future telecommunications expenses. return, PTI was to remit to TSI: In

1) 50% of the value of all

credits and refunds received for past overcharges, and 2) 50%

2

1061528, 1061618 of the "total amount saved during the first twenty-four full months following the implementation of new programs or other changes to [PTI]'s telecommunication arrangements." Among the terms and conditions included in the consulting agreement were the following:

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