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LINNEMAN CONST., INC. v. MONTANA-DAKOTA UTILITIES CO., INC.

No. 73-1923.

504 F.2d 1365 (1974)

LINNEMAN CONSTRUCTION, INC., formerly F. H. Linneman, Inc., a Colorado corporation, and Ira James Gentle, Trustee, Appellant, v. MONTANA-DAKOTA UTILITIES CO., INC., a Delaware corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 8, 1974.

Attorney(s) appearing for the Case

Holmes Baldridge, Denver, Colo., for plaintiff-appellant.

William P. Pearce, Bismarck, N. D., for defendant-appellee.

Before GIBSON, Chief Judge, BRIGHT, Circuit Judge, and SMITH, Senior District Judge.

GIBSON, Chief Judge.

Linneman Construction, Inc.,1 brought this diversity action against Montana-Dakota Utilities Co., Inc., for monies allegedly due under a written contract for "extra work" involved in the construction of gas distribution and service lines in six North Dakota towns. Linneman's complaint sought recovery for three claims: (1) failure to pay contract unit price for installation of mains and service line footage that were...

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