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WALTER MOTOR TRUCK CO. v. STATE, ETC.

No. 12626.

292 N.W.2d 321 (1980)

WALTER MOTOR TRUCK COMPANY, a corporation, Plaintiff and Appellee, v. The STATE of South Dakota acting By and Through its DEPARTMENT OF TRANSPORTATION, Manley Feinstein, Tom Schlachter, Jerry Shoener, Robert Osborn, and James Doyle, as members of the South Dakota Board of Transportation, and the South Dakota Division of Aeronautics, Keith Montgomery, Don DeVries, William Mechaley, Paul Hartung, and Raymond Liebsch, as members of the South Dakota Aeronautics Commission, and Monte R. Schneider, as Director of Aeronautics, Defendants and Appellants.

Supreme Court of South Dakota.

Decided May 21, 1980.

Rehearing Denied June 11, 1980.

Attorney(s) appearing for the Case

David A. Gerdes of May, Adam, Gerdes & Thompson, Pierre, for plaintiff and appellee.

Carl W. Quist, Asst. Atty. Gen., Pierre, for defendants and appellants; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

FOSHEIM, Justice.

This is an appeal from a judgment in favor of the plaintiff in the sum of $63,950.00 for payment withheld on a contract to supply crash, fire and rescue equipment to various South Dakota airports. We reverse.

The South Dakota Department of Transportation, Division of Aeronautics, acting as contracting agent for the several cities served by commercial air carriers, assessed the above amount against the plaintiff pursuant to a provision in...

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