WOODRICH CONSTRUCTION COMPANY v. STATE

No. 42215.

177 N.W.2d 563 (1970)

WOODRICH CONSTRUCTION COMPANY, Appellant, v. STATE of Minnesota, Respondent, Century Fence Company, Respondent.

Supreme Court of Minnesota.

May 29, 1970.


Attorney(s) appearing for the Case

Moore, Costello & Hart and A. Patrick Leighton, and William M. Beadie, St. Paul, for appellant.

Douglas M. Head, Atty. Gen., Richard Kyle, Deputy Atty. Gen., and John R. Murphy, Sp. Asst. Atty. Gen., St. Paul, for the State.

Thuet, Todd, Anderson & Collins, South St. Paul, for Century Fence Co.

Heard before KNUTSON, C. J., and ROGOSHESKE, SHERAN, PETERSON, and FRANK T. GALLAGHER, JJ.


OPINION

PETERSON, Justice.

Plaintiff, Woodrich Construction Company, made a general contract with defendant State of Minnesota in August 1965 for the construction of a portion of Interstate Highway No. 35 near Owatonna, and it contemporaneously made a subcontract with defendant Century Fence Company for the erection of certain signs along the right-of-way. While Century was in the process of performing according...

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