NELSON PAVING CO., INC. v. HJELLE

Civ. No. 8861.

207 N.W.2d 225 (1973)

NELSON PAVING CO., INC., Respondent, v. Walter R. HJELLE, State Highway Commissioner of the State of North Dakota, Appellant.

Supreme Court of North Dakota.

Rehearing Denied May 11, 1973.


Attorney(s) appearing for the Case

Jos. A. Vogel, Jr., and David K. O. Leer, Sp. Asst. Attys. Gen., Bismarck, for appellant.

Mitchell Mahoney for Pringle & Herigstad, Minot, and McIntee & Whisenand, Williston, for respondent.


ERICKSTAD, Judge.

This is an appeal from a judgment entered upon an arbitration award for Nelson Paving Co., Inc., in the sum of $186,660.69, and from an order denying a motion to vacate that award. It is a sequel to Hjelle v. Sornsin Construction Company, 173 N.W.2d 431 (N.D.1969), wherein this court held that Nelson Paving, as a subcontractor in a State highway construction contract, was entitled to have its claim against the...

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