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A-G-E CORP. v. STATE

No. 23978.

719 N.W.2d 780 (2006)

2006 SD 66

A-G-E CORPORATION, a South Dakota Corporation, Plaintiff and Appellant, v. The STATE of South Dakota, by and through the State Department Of Transportation, a state agency, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 19, 2006.

Rehearing Denied August 16, 2006.

Attorney(s) appearing for the Case

Ronald G. Schmidt of Schmidt, Schroyer, Moreno Lee & Bachand PC, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Lawrence E. Long, Attorney General, William J. Nevin, Assistant Attorney General, Pierre, South Dakota, Attorneys for defendant and appellee.

GILBERTSON, Chief Justice.

[¶ 1.] A-G-E Corporation (A-G-E) entered into a road construction contract with the South Dakota State Department of Transportation (DOT) on a portion of U.S. Highway 83. DOT inspectors randomly spot inspected A-G-E's work after each layer of the road work was completed, and gave verbal approval for each subsequent level to be applied. While the final layer was being applied, the state engineer determined that the elevation and slope...

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