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NORTHERN IMPROVEMENT COMPANY v. STATE

Civ. No. 8895.

213 N.W.2d 885 (1973)

NORTHERN IMPROVEMENT COMPANY, Plaintiff and Appellant, v. STATE of North Dakota, Defendant and Appellee.

Supreme Court of North Dakota.

December 5, 1973.

Attorney(s) appearing for the Case

Wattam, Vogel, Vogel & Peterson, Fargo, for plaintiff and appellant.

Allen I. Olson, Atty. Gen., and B. Timothy Durick, Sp. Asst. Atty. Gen., for the Director of Institutions, Bismarck, for defendant and appellee.

PAULSON, Judge.

This is an appeal from a judgment of the district court, which judgment awarded Northern Improvement Company [hereinafter Northern] $12,000 on a contract with the State of North Dakota [hereinafter State].

On February 5, 1971, the State, by its Director of Institutions, hired Northern to repair a broken sewer line under the Heart River in Mandan. The sewer line ran from the State Industrial School to the city sewer system in Mandan, and the...

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