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G. H. LINDEKUGEL & SONS, INC. v. SOUTH DAKOTA ST. HY. C.

No. 10969.

202 N.W.2d 125 (1972)

G. H. LINDEKUGEL & SONS, INC., a corporation, Plaintiff and Appellant, v. SOUTH DAKOTA STATE HIGHWAY COMMISSION a/k/a State of South Dakota By and Through its State Highway Commission, Defendant, Third Party Plaintiff and Respondent, v. Wendell C. FRITZEL et al., and Woodward-Clyde-Sherard and Associates, Soil Consultants, Third Party Defendants and Respondents.

Supreme Court of South Dakota.

November 21, 1972.

Attorney(s) appearing for the Case

Morgan & Fuller, Mitchell, Simons, Gibbs & Feyder, Sioux Falls, for plaintiff and appellant.

John B. Wehde, Huron, for defendant, third party plaintiff and respondent.

Davenport, Evans, Hurwitz & Smith, Sioux Falls, for third party defendant and respondent architects.

Stephens, Riter, Mayer & Hofer, Pierre, for third party defendant and respondent soil consultants.

ANDERST, Circuit Judge.

The plaintiff contracted with the defendant on or about May 3, 1965, to construct a state highway department office and laboratory building. The building consists of two connected sections, referred to as the "A" section and "B" section. The contract provided the "B" section was to be completed by September 1, 1966, and the "A" section was to be completed by December 1, 1966. The plaintiff was subsequently given an extension of the completion...

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