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HJELLE v. SORNSIN CONSTRUCTION COMPANY

No. 8564.

173 N.W.2d 431 (1969)

Walter R. HJELLE, State Highway Commissioner of North Dakota, Plaintiff and Appellant, v. SORNSIN CONSTRUCTION COMPANY of Fargo, North Dakota, and Sellin Brothers, Inc., of Hawley, Minnesota, a Joint Venture, Defendants and Cross-Appellants, and Nelson Paving Company, Inc., of Williston, North Dakota, Defendant and Respondent.

Supreme Court of North Dakota.

Rehearing Denied January 16, 1970.

Attorney(s) appearing for the Case

Helgi Johanneson, Atty. Gen., and Vernon R. Pederson, Special Asst. Atty. Gen., Bismarck, for appellant.

Wattam, Vogel, Vogel & Peterson, Fargo, and Stiening, Olson, Thysell & Gjevre, Moorhead, Minn., for defendants and cross-appellants.

Pringle, Herigstad, Meschke, Loder, Mahoney & Purdy, Minot, and McIntee, Whisenand & Calton, Williston, for defendant and respondent.

ERICKSTAD, Judge.

This is an appeal by the plaintiff, Walter R. Hjelle, State Highway Commissioner, hereafter called the Commissioner, from a judgment of the District Court of Burleigh County dated April 2, 1969, in favor of Nelson Paving Company, Inc., of Williston, hereafter called the Subcontractor. A cross-appeal has been filed by Sornsin Construction Company of Fargo and Sellin Brothers, Inc., of Hawley, Minnesota, a joint venture, hereafter called the Prime...

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