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ALEXANDER v. STATE

No. 9215.

48 N.W.2d 830 (1951)

ALEXANDER et al. v. STATE.

Supreme Court of South Dakota.

July 17, 1951.

Attorney(s) appearing for the Case

Smith, McLean & Peterson, Mankato, Minn., Temmey & Luby, Huron, for plaintiffs.

Ralph A. Dunham, Atty. Gen., William J. Flittie, Asst. Atty. Gen., for defendant.

RUDOLPH, Presiding Judge.

This action against the State of South Dakota was started originally in this court under the provisions of SDC 33.0604. The complaint alleges in substance that the plaintiffs entered into a contract with the State of South Dakota for the construction of approximately 17 miles of highway in this state; that plaintiff performed the work contracted for under the supervision of the State Highway Department and the work was accepted by the Department...

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