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NORTHERN IMP. CO., INC. v. SOUTH DAKOTA ST. HWY. COM'N

No. 11090.

202 N.W.2d 861 (1972)

NORTHERN IMPROVEMENT COMPANY, INC., a South Dakota corporation, Plaintiff and Appellant, v. SOUTH DAKOTA STATE HIGHWAY COMMISSION, Consisting of Governor Richard F. Kneip, et al., Defendants and Respondents.

Supreme Court of South Dakota.

Rehearing Denied January 17, 1973.

Attorney(s) appearing for the Case

Ronald G. Schmidt, Pierre, for plaintiff and appellant.

Carl W. Quist, Highway Asst. Atty. Gen., and Larry M. Von Wald, Spec. Asst. Atty. Gen., Pierre, for defendants and respondents.

Costello, Porter, Hill, Banks & Nelson, Rapid City, for amicus curiae.

MEMORANDUM OPINION

HANSON, Presiding Judge.

This is an action for damages for breach of a contract entered into by plaintiff and the South Dakota State Highway Commission for certain highway construction work on U. S. Highway No. 212 in Codington County. The claimed damages in the amount of $379,294.00 are all in excess of and in addition to the contract price of the work agreed to be performed.

Plaintiff...

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