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ARCON CONST. CO. v. STATE, ETC.

No. 13373.

314 N.W.2d 303 (1982)

ARCON CONSTRUCTION COMPANY, Plaintiff and Appellee, v. The STATE of South Dakota, Acting by and Through Its DEPARTMENT OF TRANSPORTATION and the Board of Transportation Consisting of Roger Bernard, Jim Rothstein, Jim Sharp, Bob Appelwick, Jim Doyle, Pat Beckman, Jerry Leidholdt, Jerry Shoener, Don Jacobsen and Gene Rowen, Defendant, Third-Party Plaintiff and Appellant, v. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, a Wisconsin Corporation, Third-Party Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 6, 1982.

Attorney(s) appearing for the Case

Gary F. Colwill of Schmidt, Schroyer, Colwill & Zinter, Pierre, for plaintiff and appellee and third-party defendant and appellee.

Carl W. Quist, Asst. Atty. Gen., Pierre, for defendant and third-party plaintiff and appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

HENDERSON, Justice.

ACTION

A declaratory judgment was brought by Arcon Construction Company (Arcon) against the State of South Dakota through its Department of Transportation and Transportation Commission (Commission) to relieve Arcon from a bid it had submitted on a public construction work project and to obtain discharge of its bid bond. The Commission subsequently filed a third-party complaint against Arcon's surety, Employers Mutual Liability Company...

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