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NORTHERN IMP. CO. v. S. D. STATE HIGHWAY COM'N

Nos. 13489, 13504.

314 N.W.2d 857 (1982)

NORTHERN IMPROVEMENT COMPANY, INC., a South Dakota Corporation, Plaintiff and Appellee, v. SOUTH DAKOTA STATE HIGHWAY COMMISSION, Acting for and on behalf of the South Dakota State Department of Highways; the South Dakota State Department of Highways; and the State of South Dakota, Defendants and Appellants.

Supreme Court of South Dakota.

Opinion Filed January 6, 1982.

Attorney(s) appearing for the Case

Ronald G. Schmidt of Schmidt, Schroyer, Colwill & Zinter, P.C., Pierre, for plaintiff and appellee.

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

HENDERSON, Justice.

ACTION

This is an appeal by the South Dakota State Highway Commission (Commission), the South Dakota Department of Highways and the State of South Dakota from a judgment of the trial court which ordered that Northern Improvement Company, Inc., (Northern) recover $332,522.17 (plus interest and costs) for compensation due under a highway construction contract entered into by the parties in August of 1968. The Commission contends that the...

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