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CITY OF WAHPETON v. DRAKE-HENNE, INC.

Civ. No. 8870.

215 N.W.2d 897 (1973)

CITY OF WAHPETON, North Dakota, Plaintiff, Respondent and Cross-Appellant, v. DRAKE-HENNE, INC., a corporation, et al., Defendants, Appellants and Cross-Respondents.

Supreme Court of North Dakota.

On Rehearing February 1, 1974.

Rehearings Denied March 27, 1974.

Attorney(s) appearing for the Case

John D. Kelly, of Wattam, Vogel, Vogel & Peterson, Fargo, for defendants, appellants and cross-respondents.

James L. Lamb, Grand Forks, for American Cas. Co.

Bruce E. Bohlman, Grand Forks, for Johnson, Milloy & Eckert, Wahpeton, for plaintiff, respondent and cross-appellant.

OPINION OF AUGUST 10, 1973.

TEIGEN, Justice (on rehearing).

Following the issuance of an opinion with one dissent, we granted a rehearing in this case. After the reargument a majority of this court have agreed that the opinion previously issued should be modified in two important respects.

We do not agree that the City is limited to recover damages by the number of feet of deficiencies in curb and gutter and eight other listed items discovered within...

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