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STATE HIGHWAY COM'N v. SWEETMAN CONSTRUCTION CO.

No. 10352.

153 N.W.2d 682 (1967)

STATE HIGHWAY COMMISSION of the State of South Dakota, on Behalf of and in the name of the State of South Dakota, Respondent, v. SWEETMAN CONSTRUCTION COMPANY, Appellant.

Supreme Court of South Dakota.

Rehearing Denied December 5, 1967.

Attorney(s) appearing for the Case

John E. Burke and Richard Hopewell, Sioux Falls, for appellant, Sweetman Construction Co.

James L. Combellick and John B. Wehde, Special Asst. Attys. Gen., Pierre, for respondent, State of South Dakota.

HOMEYER, Presiding Judge.

This declaratory judgment proceeding involves the construction of a highway building contract and the rights and obligations of the parties under it. We refer to the State Highway Commission as the Commission and to the Sweetman Construction Company as Sweetman. The trial court construed the contract adverse to Sweetman's contentions and this appeal followed.

In 1964 after published notice...

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