STATE v. FRANK D. MALONE CONSTRUCTION CO.

No. 10092.

129 N.W.2d 900 (1964)

STATE of South Dakota for the Use of DON'S HEAVY HAULING, INC., a Corporation, Plaintiff and Respondent, v. FRANK D. MALONE CONSTRUCTION CO., Bert Hustrulid & Sons, Inc., Rindahl Construction Co., and Universal Surety Company of Lincoln, Nebraska, a Corporation, Defendants and Appellants, except Frank D. Malone Construction Co.

Supreme Court of South Dakota.

August 18, 1964.


Attorney(s) appearing for the Case

Blaine Simons, Sioux Falls, for defendants and appellants except Frank D. Malone Construction Co.

John M. Theodosen, Garretson, Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiff and respondent.


RENTTO, Judge.

Don's Heavy Hauling, Inc., is engaged in the business of transporting heavy equipment and materials for others. This action, brought for its use pursuant to SDC 1960 Supp. 28.16, seeks recovery for services rendered by it in transporting equipment and machinery used in the prosecution of work being done on a state highway project in Jerauld and Aurora counties by the defendant contractors under a contract with the South Dakota Department of Highways...

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