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COLBY v. COSTELLO

No. 11448.

232 N.W.2d 81 (1975)

Roger COLBY et al., Plaintiffs and Appellants, v. John M. COSTELLO, Defendant and Respondent.

Supreme Court of South Dakota.

August 6, 1975.

Attorney(s) appearing for the Case

Robert L. O'Connor, Sioux Falls, Harry H. Smith, Sioux City, Iowa, for plaintiffs and appellants.

John E. Burke and Derald W. Wiehl of May, Johnson & Burke, Sioux Falls, for defendant and respondent.

WINANS, Justice.

There is only one question at issue in this case. Did an implied contract exist between the Defendant John M. Costello and the Plaintiffs by which Defendant was obligated to pay increased wages retroactively for a period from November 1, 1971 to early April 1972?

Plaintiffs Colby, Gorath, Rustin, Van Ash and Bontje were journeymen carpenters and Plaintiff Bauman was an apprentice carpenter at the time of the purported contract and all were...

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