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ZOOK BROS. CONSTRUCTION COMPANY v. STATE

No. 12983.

556 P.2d 911 (1976)

ZOOK BROTHERS CONSTRUCTION COMPANY, Plaintiff and Appellant, v. The STATE of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided August 25, 1976.

Rehearing Denied December 10, 1976.

Attorney(s) appearing for the Case

Gough, Booth, Shanahan & Johnson, Ronald F. Waterman argued, Helena, Patrick A. Sullivan, argued, Spokane, Wash., for plaintiff and appellant.

Donald A. Douglas appeared, Gannon & Garrity, Donald A. Garrity, argued, Helena, for defendant and respondent.

CASTLES, Justice.

Plaintiff appeals from a judgment of the district court, Lewis and Clark County.

Zook Brothers Construction Company (Zook) and the Montana Department of Highways (State) entered into a contract in June 1967, whereby Zook agreed to construct a segment of highway referred to as the "Montana City Project", a 6.083 segment of interstate and secondary highway in Jefferson County, south of Helena, Montana. The contract allowed 300 days for completion...

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