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NORDIN CONSTRUCTION COMPANY v. CITY OF NOME

Nos. 1290, 1299 and 1520.

489 P.2d 455 (1971)

NORDIN CONSTRUCTION COMPANY, Inc., et al., Appellants, v. CITY OF NOME, Appellee (two cases). CITY OF NOME, Appellant, v. NORDIN CONSTRUCTION COMPANY, Inc., et al., Appellees.

Supreme Court of Alaska.

Rehearing Denied October 29, 1971.

Attorney(s) appearing for the Case

C.R. Kennelly, Nome, and Millard F. Ingraham of Ingraham & Niewohner, Fairbanks, for City of Nome.

Richard Folta and Howard Staley of Merdes, Schaible, Staley & Delisio, Fairbanks, and Stuart G. Oles, and H.H. Halstead, of Degarmo, Leedy, Oles and Morrison, Seattle, Washington, for Nordin Construction Co., Inc., United States Fidelity & Guaranty Co., and Bronson, and others.

Before BONEY, C.J., and DIMOND, CONNOR and ERWIN, JJ.

OPINION

ERWIN, Justice.

This case revolves around the award and ultimate payment by the City of Nome [hereinafter, "City"] of a construction contract for a water and sewer system in Nome to Nordin Construction Co., Inc. & Associates of Fairbanks [hereinafter, "Nordin"]. The finding by a jury required Nordin to return the money paid by the City for failure of Nordin to substantially perform the contract.

The firm of Philleo Engineering & Architectural...

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