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KUHN CONSTRUCTION COMPANY v. STATE

248 A.2d 612 (1968)

KUHN CONSTRUCTION COMPANY, a corporation of the State of Delaware, Plaintiff, v. The STATE of Delaware, Acting Through Henry T. PRICE, Chairman; Lemuel H. Hickman, Vice-Chairman; Thurman Adams, Jr.; William J. Francis; William G. Dorsey; C. Wardon Gass; Frank H. Mackie, Jr.; William R. Murray; George M. Nelson; Elmer Pratt; and Walter J. Wheatley, who constitute the State Highway Department of the State of Delaware, Defendant.

Superior Court of Delaware, New Castle.

November 26, 1968.

Attorney(s) appearing for the Case

Emmett J. Conte, Jr., and Daniel B. Ferry, Wilmington, for plaintiff.

S. Samuel Arsht, and David A. Drexler, Wilmington, for defendant.

OPINION

CHRISTIE, Judge.

Plaintiff, Kuhn Construction Company, has brought this action against the State Highway Department in connection with a contract for the construction of a dike, spill-way and pumping station at Port Mahon, Kent County, Delaware. According to the complaint plaintiff was awarded the job at a contract price of $139,125.00. The complaint further alleges in substance that:

First Cause...

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