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SUBSURFCO, INC. v. B-Y WATER DIST.

No. 13679.

337 N.W.2d 448 (1983)

SUBSURFCO, INC., a Nebraska Corporation, Plaintiff and Appellant, v. B-Y WATER DISTRICT, a Water User District Organized pursuant to SDCL 46-16, Defendant, Counterclaimant and Appellee, v. SEABOARD SURETY COMPANY, a New York Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 10, 1983.

Attorney(s) appearing for the Case

Francis M. Smith of Woods, Fuller, Shultz & Smith, Sioux Falls, R. James Zieser, Tyndall, Gerald M. Kraai of Margolin & Kirwan, Kansas City, Mo., for appellants.

Thomas E. Alberts of Engel & Alberts, Avon, Robert C. Ulrich, Vermillion, for defendant, counterclaimant and appellee.

DOBBERPUHL, Circuit Judge.

PROCEDURAL HISTORY

Subsurfco, Inc. (Contractor) commenced this action to recover the value of materials and services it supplied to the B-Y Water District (B-Y) pursuant to a written contract for the construction of a distribution piping system for B-Y. B-Y counterclaimed against Contractor for completion costs, liquidated damages and water used by Contractor. By way of third party complaint, B-Y claimed the same damages from Seaboard...

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