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SWEETMAN CONST. CO., INC. v. STATE

No. 12741.

293 N.W.2d 457 (1980)

SWEETMAN CONSTRUCTION COMPANY, INC., A South Dakota Corporation, Plaintiff and Respondent, and Western Engineering, Inc., Intervening Plaintiff and Respondent, v. STATE of South Dakota, Herb Teske, As Secretary of the Department of Transportation; Robert Osborn, Manley Feinstein, Thomas Schlacter, Donald Garry, and Gerry G. Schoener, as members of the Board of Transportation, Defendants and Appellants.

Supreme Court of South Dakota.

Decided June 18, 1980.

Attorney(s) appearing for the Case

Lee M. McCahren, Vermillion, for plaintiffs and respondents.

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

FOSHEIM, Justice.

This action arises from a public improvement contract for a highway project let by public bid by the South Dakota Department of Transportation. From a judgment entered in favor of plaintiffs Sweetman Construction Company (Sweetman) and Western Engineering, Inc. (Western), the Department appeals. We affirm.

Plaintiff Sweetman contracted with the State for construction of a portion of Interstate 90 near Chamberlain, South Dakota, in early 1972...

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