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SORNSIN CONST. CO. v. STATE

No. 13699.

590 P.2d 125 (1978)

SORNSIN CONSTRUCTION COMPANY, a North Dakota Corporation, Plaintiff and Respondent, v. The STATE of Montana, and the Department of Natural Resources and Conservation, an administrative agency of the State of Montana, Defendants and Appellants.

Supreme Court of Montana.

Decided December 28, 1978.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Allen B. Chronister, Asst. Atty. Gen. (argued), Garrity & Keegan, Donald A. Garrity (argued), Ted J. Doney, Helena, for defendants and appellants.

Scribner & Huss, Helena, Gorsuch, Kirgis, Campbell, Walker and Grover, Philip E. Riedesel (argued), Denver, Colo., for plaintiff and respondent.

HARRISON, Justice.

Plaintiff, Sornsin Construction Company, brought this action in the District Court of the First Judicial District to recover damages for the alleged breach of a contract for the construction of an irrigation pump system on the Yellowstone River near Sidney, Montana. From a judgment for plaintiff, defendant State of Montana appeals.

On July 28, 1970, the Montana Water Resources Board (MWRB) (now the Department of Natural Resources and Conservation...

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