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KIELY CONSTR. CO. v. STATE, STATE HIGHWAY COM'N

No. 11637.

463 P.2d 888 (1970)

KIELY CONSTRUCTION COMPANY, A Corporation, Plaintiff and Respondent, v. STATE of Montana, Acting by and Through the STATE HIGHWAY COMMISSION of the State of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided January 20, 1970.

Attorney(s) appearing for the Case

John A. Alexander (argued), George P. Sarsfield (argued), Butte, for appellant.

Corette, Smith & Dean, Kendrick Smith (argued), Butte, for respondent.

JOHN C. HARRISON, Justice.

Plaintiff brought this suit for two different claims arising out of the performance of a highway construction project. The trial court directed the verdict for the plaintiff as to liability on one of the claims and the jury awarded the verdict for the plaintiff on the other claim. Damages were awarded in the amount of $25,000 for each claim. Defendant appeals from judgment and a denial of a motion for a new trial.

Kiely Construction...

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