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VAN BUSKIRK v. IOWA STATE HIGHWAY COMMISSION

No. 50991.

122 N.W.2d 351 (1963)

Ray VAN BUSKIRK and Warren Van Buskirk, and Richard Cook, d/b/a Van Buskirk Construction Company, Appellees, v. IOWA STATE HIGHWAY COMMISSION, Howard B. Helscher, William H. Nicholas, Robert Keir, Everett L. Shockey, Jo B. Stong, and L. M. Clauson, Members Thereof, Appellants.

Supreme Court of Iowa.

June 11, 1963.

Attorney(s) appearing for the Case

Evan Hultman, Atty. Gen., C. J. Lyman, Sp. Asst. Atty. Gen., and Counsel to Iowa State Highway Commission. A. Jackson Allen, State Counsel, Iowa State Highway Commission, and Gill & Dunkle, Sioux City, for appellants.

Gleysteen, Nelson, Harper, Kunze & Eidsmoe, Sioux City, for appellees.

MOORE, Justice.

On December 28, 1959 plaintiffs entered into a written contract with the Iowa State Highway Commission for certain shouldering and incidental paving work on U. S. Highway 75 in Plymouth County. Plaintiffs' petition alleges they performed the work in accordance with the contract, the commission demanded they roll the shoulders in a manner not required by the contract or specifications, they did said work after giving the required notice of their intention...

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