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IN RE APPEAL OF ROBERTS CONSTRUCTION COMPANY

No. 35012.

111 N.W.2d 767 (1961)

172 Neb. 819

In the Matter of Appeal of ROBERTS CONSTRUCTION COMPANY, etc., ROBERTS CONSTRUCTION COMPANY, a Corporation, Appellee, v. STATE of Nebraska; Department of Roads and Irrigation of the State of Nebraska, Appellants, Impleaded with L. N. Ress, State Engineer; Ray C. Johnson, Auditor of Public Accounts of the State of Nebraska and Frank Marsh, Secretary of State of the State of Nebraska, Appellees.

Supreme Court of Nebraska.

December 1, 1961.

Attorney(s) appearing for the Case

Clarence A. H. Meyer, Atty. Gen., Harold S. Salter, Asst. Atty. Gen., C. L. Clark and Sp. Asst. Atty. Gen., Robert R. Camp, Sp. Asst. Attys. Gen., for appellants.

Woods, Aitken & Aitken, Richard W. Smith, Richard L. Spangler, Jr., Lincoln, for appellees.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, BOSLAUGH, and BROWER, JJ.

BOSLAUGH, Justice.

This is an appeal from the disallowance of a claim by the Auditor of Public Accounts and the Secretary of State of the State of Nebraska. The claim arose out of a highway construction contract.

The contract in question was for the improvement of U. S. Highway No. 77 for a distance of 7 miles south from Beatrice, Nebraska. The contract was awarded to Roberts Construction Company by the Department of Roads and Irrigation on June 15, 1954....

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