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CITY OF SIOUX FALLS v. HENRY CARLSON CO.

No. 11805.

258 N.W.2d 676 (1977)

CITY OF SIOUX FALLS, South Dakota, a Municipal Corporation, Plaintiff and Appellant, v. HENRY CARLSON COMPANY, INC., Defendant and Respondent, and Ron M. Fiegen, Inc., Defendant and Respondent.

Supreme Court of South Dakota.

Opinion Filed October 20, 1977.

Attorney(s) appearing for the Case

Richard W. Sabers of Dana, Golden, Moore & Rasmussen, Sioux Falls, for plaintiff and appellant.

Carleton R. Hoy of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and respondent Henry Carlson Company, Inc.

William G. Taylor, Jr., of Woods, Fuller Shultz & Smith, Sioux Falls, for defendant and respondent Ron M. Fiegen, Inc.

ZASTROW, Justice.

The City of Sioux Falls (City) has appealed from the trial court's determination denying its claim for refund of progress payments made to defendants Henry Carlson Company, Inc. (Carlson) and Ron M. Fiegen, Inc. (Fiegen) pursuant to a remodeling contract for the Sioux Falls Coliseum Annex prior to its destruction. We affirm.

In 1972, the City contracted with Carlson and Fiegen to remodel the Sioux Falls Coliseum Annex. The remodeling project...

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