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OTTO B. ASHBACH & SONS, INC. v. STATE

No. 36,664.

247 Minn. 573 (1956)

78 N.W. (2d) 446

OTTO B. ASHBACH & SONS, INC. v. STATE.

Supreme Court of Minnesota.

July 6, 1956.

Attorney(s) appearing for the Case

Miles W. Lord, Attorney General, and John H. Rheinberger, Special Assistant Attorney General, for appellant.

Roland J. Faricy, Harry G. Costello, Jr., B. Warren Hart, and Faricy, Moore & Costello, for respondent.

DELL, CHIEF JUSTICE.

Action by Otto B. Ashbach & Sons, Inc., against the State of Minnesota to recover for a volume of excavation claimed due under a contract for highway construction work. The contract dated January 19, 1948, called for construction work by plaintiff on state trunk Highway No. 35, commencing 4.5 miles east of Soudan and extending to 3.5 miles southwest of Ely. The work to be performed consisted of (1) grading, excavating, and embanking; and ...

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