PETER KIEWIT SONS' CO. v. STATE

No. 7899.

116 N.W.2d 619 (1962)

PETER KIEWIT SONS' CO., a foreign corporation, Plaintiff and Appellant, v. The STATE of North Dakota and Curtis Olson, as State Auditor of the State of North Dakota, Defendants and Respondents.

Supreme Court of North Dakota.

August 17, 1962.


Attorney(s) appearing for the Case

Jansonius, Fleck, Smith, Mather & Strutz, Bismarck, for appellant.

Leslie R. Burgum, Atty. Gen., and Paul M. Sand, Asst. Atty. Gen., Bismarck, for respondents.


SATHRE, Chief Justice.

The plaintiff is a Nebraska Corporation engaged in construction work. In 1958 the plaintiff had a contract with the U. S. Army Engineer District, Omaha Corps of Engineers, for construction of the operational apron of the Minot Air Force Base, North of Minot, North Dakota. The contract price was paid from funds appropriated by Congress for that purpose. In the construction work plaintiff used various types of machinery and equipment such as tractors...

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