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MAYVILLE-PORTLAND SCH., ETC. v. C. L. LINFOOT

Civ. No. 9386.

261 N.W.2d 907 (1978)

MAYVILLE-PORTLAND SCHOOL DISTRICT NO. 10, Plaintiff and Appellee, v. C. L. LINFOOT COMPANY and U. S. Fidelity & Guaranty Company, Defendants and Appellants.

Supreme Court of North Dakota.

January 19, 1978.

Attorney(s) appearing for the Case

Grindeland & Brudvik, Mayville, for plaintiff and appellee, argued by William J. Brudvik.

Shaft, McConn & Fisher, Grand Forks, for defendants and appellants, argued by John G. Shaft, Grand Forks.

ERICKSTAD, Chief Justice.

This is an appeal by C. L. Linfoot Company, a North Dakota corporation, defendant and appellant, (hereinafter Linfoot) from a judgment of the Traill County District Court which found in favor of the Mayville-Portland School District No. 10, plaintiff and appellee, (hereinafter School District) and against Linfoot.

The basic facts in this case are not in dispute. On May 28, 1974, Linfoot and the School District entered into a written...

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