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PETER KIEWIT SONS CO. v. SOUTH DAKOTA STATE HIGHWAY COM'N

Civ. No. 67-27S.

269 F.Supp. 333 (1967)

PETER KIEWIT SONS CO., a Corporation, Massman Construction Co., a Corporation, and Johnson, Drake & Piper, Inc., a Corporation, Plaintiffs, v. SOUTH DAKOTA STATE HIGHWAY COMMISSION, consisting of Nils A. Boe, Gordon Gunderson, James Burns and W. E. (Bill) Dorsey, members of said South Dakota Highway Commission, acting for and on Behalf of DEPARTMENT OF HIGHWAYS, STATE OF SOUTH DAKOTA, Defendants.

United States District Court D. South Dakota, S. D.

June 15, 1967.

Attorney(s) appearing for the Case

Ellsworth E. Evans, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for plaintiffs.

John B. Wehde, Sp. Asst. Atty. Gen., and Kenneth J. Morgan, Highway Asst. Atty. Gen., of Pierre, S. D., for defendants.

MEMORANDUM DECISION

NICHOL, Chief Judge.

Peter Kiewit Sons Co., a Nebraska corporation, Massman Construction Co., a Missouri corporation, and Johnson Drake & Piper, Inc., a Minnesota corporation, brought suit against the South Dakota State Highway Commission for damages incurred in the performance of a construction contract and for a declaration of the rights of the parties thereto. The cause comes before this court on motion of the Highway Commission...

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