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ALEXANDER v. STATE

No. 9215.

57 N.W.2d 121 (1953)

ALEXANDER et al. v. STATE.

Supreme Court of South Dakota.

February 24, 1953.

Attorney(s) appearing for the Case

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

Ralph A. Dunham, Atty. Gen., Benj. D. Mintener, Asst. Atty. Gen. and William J. Flittie, Asst. Atty. Gen., for defendant.

ROBERTS, Presiding Judge.

Plaintiff partners doing business under the firm name of Alexander Construction Company entered into a written contract with the State of South Dakota to do all the work and furnish all the materials required for shaping and compacting the base and bituminous surfacing of 17.44 miles of Highway No. 34 in Sanborn County according to plans and specifications furnished by the State Highway Commission. Plaintiffs claim that they have not been...

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