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  5. 264 N.W.2d 491 (1978)
 

WM. COLLINS, INC. v. S. D. STATE BD. OF TRANSP.

No. 12266.

264 N.W.2d 491 (1978)

WM. COLLINS, INC., Plaintiff and Respondent, v. SOUTH DAKOTA STATE BOARD OF TRANSPORTATION et al., Defendants and Appellants.

Supreme Court of South Dakota.

Decided March 29, 1978.

Attorney(s) appearing for the Case

Ronald G. Schmidt of Schmidt & Schroyer, P.C., Pierre, for plaintiff and respondent.

Carl W. Quist and David L. Zuercher, Asst. Attys. Gen., Pierre, for defendants and appellants; William J. Janklow, Atty. Gen., Pierre, on the brief.

PORTER, Justice.

CASE SUMMARY

This is an appeal from the judgment of the circuit court granting the plaintiff's (Collins) motion for summary judgment as to count one of its complaint (the parties having stipulated to the dismissal of plaintiff's counts two and three), and awarding the plaintiff $56,384.66, plus interest. We conclude that summary judgment should not have been granted, and reverse and remand for trial on the merits.

FACTS

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