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STATE, DEPT. OF HIGHWAYS v. A & G EXCAVATING CO.

No. 579.

421 P.2d 309 (1966)

STATE of Alaska, DEPARTMENT OF HIGHWAYS, Appellant, v. A & G EXCAVATING CO., Inc., and Chris Berg, Inc., Appellees.

Supreme Court of Alaska.

December 1, 1966.

Attorney(s) appearing for the Case

Warren C. Colver, Atty. Gen., and Donald T. Kane, Asst. Atty. Gen., Juneau, for appellant.

Neil S. Mackay, Anchorage, Stuart G. Oles, Allen, DeGarmo & Leedy, Seattle, for appellees.

Before NESBETT, C.J., DIMOND and RABINOWITZ, JJ.

OPINION

NESBETT, Chief Justice.

Appellee Chris Berg, Inc., contracted with appellant on September 15, 1961, to furnish and deliver all materials and to perform the labor required for certain highway construction on the Copper River Highway between miles 13 and 15. The appellee A & G Excavating Co., Inc., was a subcontractor. The construction work was performed as required, but during performance appellees claimed that conditions at the construction site...

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