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STATE HIGHWAY COM'N v. GARTON AND GARTON, INC.

No. 3454.

418 P.2d 15 (1966)

STATE HIGHWAY COMMISSION of Wyoming, Appellant (Defendant below), v. GARTON AND GARTON, INC., Appellee (Plaintiff below).

Supreme Court of Wyoming.

July 12, 1966.

Attorney(s) appearing for the Case

John F. Raper, Atty. Gen., Glenn A. Williams, Asst. Deputy Atty. Gen., and F.J. Wendt, Sp. Asst. Atty. Gen., Cheyenne, for appellant.

Miller, Suyematsu, Crowley & Duncan, Kline & Tilker, Robert L. Duncan and James A. Tilker, Cheyenne, for appellee.

Before PARKER, C.J., and HARNSBERGER, GRAY and McINTYRE, JJ.

Mr. Chief Justice PARKER delivered the opinion of the court.

Garton and Garton, Inc., filed a three-count complaint against the State Highway Commission of Wyoming for amounts claimed to be due on three separate 1958 contracts for highway work in the State. In the pleadings, as amended prior to the trial, plaintiff claimed in the first count, concerning Wyoming Project I-90-1(2) 18 in Sheridan County, embraced by contract of August 22, 1958, the sum of $44,997.79...

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