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U. S. STEEL CORP. v. S. D. HIGHWAY COMMISSION

No. 11530.

237 N.W.2d 175 (1975)

UNITED STATES STEEL CORPORATION, Plaintiff and Appellant, v. SOUTH DAKOTA HIGHWAY COMMISSION et al., Defendants and Respondents, v. PETER KIEWIT SONS' CO. et al., Third-Party Defendants and Respondents.

Supreme Court of South Dakota.

Rehearing Denied February 5, 1976.

Attorney(s) appearing for the Case

H. L. Fuller, Woods, Fuller, Shultz & Smith, Sioux Falls, for plaintiff and appellant.

Kermit A. Sande, Atty. Gen., John B. Wehde, Sp. Asst. Atty. Gen., Pierre, for defendants and respondents.

Ellsworth E. Evans, Davenport, Evans, Hurwitz & Smith, Sioux Falls, for third-party defendants and respondents.

Charles M. Thompson, May, Porter, Adam, Gerdes & Thompson, Pierre, Ronald E. Martel of Moore, Costello & Hart, Saint Paul, Minn., for amicus curiae, Associated Gen. Contractors of America and Associated Gen. Contractors of S. D.

MILLER, Circuit Judge.

This action was commenced in January 1969, specifically under Ch. 110, S.L.1964 (now SDCL 31-2-34 through 31-2-39), seeking recovery for additional work and materials arising out of the temporary suspension of work under a contract that had been entered into in February 1963, for the construction of the superstructure on the Platte-Winner Bridge. Plaintiff received notice to proceed with construction on November 5, 1963, but on January 14, 1964...

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