E.F. MATELICH CONST. CO. v. GOODFELLOW BROS.

No. 84-362.

702 P.2d 967 (1985)

E.F. MATELICH CONSTRUCTION CO., a Montana corp., Plaintiff and Respondent, v. GOODFELLOW BROTHERS, INC., Defendants and Appellants, v. STATE OF Montana, Cross-Claimant and Respondent.

Supreme Court of Montana.

Decided July 8, 1985.


Attorney(s) appearing for the Case

Wellcome & Frost, Page Wellcome argued, Bozeman, for defendants and appellants.

Murphy, Robinson, Heckathorn & Phillips, Donald R. Murray, Kalispell, W.D. Hutchison argued, Dept. of Highways, Helena, for respondents.


SHEEHY, Justice.

This appeal by Goodfellow Brothers, Inc. from a judgment of the Fourth Judicial District, Mineral County, raises the following:

1. Is Goodfellow entitled to recover from the State sums it was required to pay to a subcontractor, Matelich, on a highway construction project that was redesigned while construction was in progress?

2. Was the delay of the District Court in making a decision in this case from the hearing date of September...

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