HENGEL, BERG & ASSOCIATES v. STATE

No. 11648.

238 N.W.2d 691 (1976)

HENGEL, BERG & ASSOCIATES, Plaintiff and Appellant, v. STATE of South Dakota et al., Defendants and Respondents.

Supreme Court of South Dakota.

February 20, 1976.


Attorney(s) appearing for the Case

Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for plaintiff and appellant.

Camron D. Hoseck, Carl W. Quist, Asst. Attys. Gen., Pierre, for defendants and respondents.


MUNDT, Circuit Judge.

This appeal arises out of the action taken by defendant State Auditor (hereinafter referred to as "Auditor") in refusing to issue a warrant on a voucher filed and submitted by plaintiff Hengel, Berg and Associates for services rendered in the preparation of plans and specifications for a Physical Research Building for the State Department of Highways.

In March 1968, a contract was executed...

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