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ZONTELLI & SONS, INC. v. CITY OF NASHWAUK

No. C1-83-1933, C2-84-218.

353 N.W.2d 600 (1984)

ZONTELLI & SONS, INC., Respondent, v. CITY OF NASHWAUK, Respondent (C1-83-1933), Appellant (C2-84-218). Robert R. Wallace & Associates, Appellant (C1-83-1933), Respondent (C2-84-218), and American Fidelity Insurance Company Intervenor, Respondent.

Court of Appeals of Minnesota.

July 24, 1984.

Attorney(s) appearing for the Case

Fabyanske, Svoboda & Westra, M.T. Fabyanske, Robert J. Huber, St. Paul, for Zontelli & Sons, Inc.

Hanft, Fride, O'Brien & Harries, William P. O'Brien, Paul J. Lokken, Duluth, for City of Nashwauk.

Meagher, Geer, Markham, Anderson, Adamson, Flashkamp & Brennan, O.C. Adamson, II, Laura S. Underkuffler, Minneapolis, for Robert R. Wallace and Associates.

Lang, Pauly and Gregerson, David H. Gregerson, Minneapolis, for American Fidelity Ins. Co.

Heard, considered and decided by POPOVICH, C.J., and FORSBERG and RANDALL, JJ.

OPINION

POPOVICH, Chief Judge.

This is an appeal of the judgment, amended judgment and post trial order involving a sewer construction contract between the City of Nashwauk (City) and Zontelli & Sons, Inc. (Zontelli). Zontelli was awarded the contract as the lowest responsible bidder. The contract was a unit price contract based on plans and specifications prepared by Robert R. Wallace & Associates (Wallace) engineering firm.

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