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NORTHERN IMPROVEMENT CO. v. S. D. STATE HWY.

No. 11789.

267 N.W.2d 208 (1978)

NORTHERN IMPROVEMENT COMPANY, INC., a South Dakota Corporation, Plaintiff and Respondent, v. SOUTH DAKOTA STATE HIGHWAY COMMISSION, Consisting of Governor Richard F. Kneip, Manley Feinstein, R. C. Stenson, and W. O. Delzer, members of the said South Dakota Highway Commission, acting for and on behalf of the Department of Highways, State of South Dakota; Department of Highways, State of South Dakota; and, the State of South Dakota, Defendants and Appellants.

Supreme Court of South Dakota.

Decided June 15, 1978.

Rehearing Denied July 21, 1978.

Attorney(s) appearing for the Case

Ronald G. Schmidt, of Schmidt & Schroyer, P. C., Pierre, for plaintiff and respondent.

Carl W. Quist, Asst. Atty. Gen., Pierre, for defendants and appellants.

DUNN, Chief Justice (on reassignment).

This action arises out of a highway construction contract entered into on August 15, 1968, between plaintiff, Northern Improvement Company, Inc., and defendant South Dakota State Highway Commission for the performance of certain dirt, grading, gravel, and asphalt work on U.S. Highway No. 212 in Codington County, South Dakota.* Plaintiff's original complaint alleged that the contract plans and specifications...

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