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SALEM SCHOOL DIST. 43-3 v. PUETZ CONST., INC.

No. 14339.

353 N.W.2d 51 (1984)

SALEM SCHOOL DISTRICT 43-3, Plaintiff and Appellant, v. PUETZ CONSTRUCTION, INC., Defendant, and Wendell C. Fritzel, Jean R. Kroeger, Edward L. Griffin, Milton L. Berg, Billy R. Beck, dba Fritzel, Kroeger, Griffin & Berg, Partnership, and United Pacific Insurance Company, Defendants and Appellees.

Supreme Court of South Dakota.

Decided August 8, 1984.

Attorney(s) appearing for the Case

T.R. Pardy of Mumford, Protsch & Pardy, Howard, and Roger G. Gerlach, Salem, for plaintiff and appellant.

Michael L. Luce of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendants and appellees architects.

John F. Cogley of Morgan, Fuller, Theeler & Cogley, Mitchell, for defendant Puetz Const. Co. and defendant and appellee United Pacific Ins. Co.

BERNDT, Circuit Judge.

A breach of contract action was commenced by Salem School District 43-3 (School) against Puetz Construction, Inc. (Contractor) with service of summons and complaint on December 5, 1978. School seeks damages resulting from a leaking roof on a new school addition constructed by Contractor. Contractor commenced a third-party action against Wendell C. Fritzel, Jean R. Kroeger, Edward L. Griffin, Milton L. Berg and Billy R. Beck, d/b/a Fritzel, Kroeger...

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