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SCHULL CONST. CO. v. WEBSTER IND. SCHOOL DIST. NO. 101

No. 11091.

198 N.W.2d 512 (1972)

SCHULL CONSTRUCTION CO., Plaintiff and Respondent, v. WEBSTER INDEPENDENT SCHOOL DISTRICT NO. 101 OF DAY, ET AL., COUNTIES, South Dakota, Defendant and Respondent, and James Gulbraa, Intervener and Appellant. Norbert J. Grode, Kermit K. Parks, et al., Amici Curiae.

Supreme Court of South Dakota.

Rehearing Denied July 5, 1972.

Attorney(s) appearing for the Case

John L. Foley, Watertown, for appellant.

Austin, Hinderaker & Hackett, Watertown, for plaintiff and respondent.

Holland, Delaney & Vander Linden, Webster, for defendant and respondent.

Ross H. Oviatt, Watertown, amici curiae.

PER CURIAM.

Action for declaratory judgment to determine the validity of a contract for the construction of a school building.

The circuit court held that contract valid and the intervener appeals.

The voters of defendant, Webster Independent School District, proceeding under SDCL 13-19 have four times since May 14, 1968 rejected the issuance of bonds to finance the construction of the building. At each...

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