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ARCON CONST. v. SOUTH DAKOTA DEPT. OF TRANSP.

No. 14510.

365 N.W.2d 866 (1985)

ARCON CONSTRUCTION CO., INC., a Minnesota Corporation, and Hardrives, Inc., a Minnesota Corporation, Plaintiffs and Appellees, v. SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 3, 1985.

Attorney(s) appearing for the Case

Ronald G. Schmidt of Schmidt, Schroyer, Colwill & Zinter, Pierre, for plaintiffs and appellees.

Chester A. Groseclose, Jr. and Wayne F. Gilbert, Sp. Asst. Attys. Gen., Pierre, for defendant and appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

WUEST, Acting Justice.

This is an appeal from a money judgment against the South Dakota Department of Transportation (Department) arising from a road construction contract performed by Arcon Construction Company (Arcon). We affirm.

On May 30, 1978, Arcon entered into a contract with Department for the construction of nine and one-half miles of U.S. Highway 281, known as the "Brown-Spink Project." Arcon then contracted with the South Dakota Cement Plant (Plant...

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