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ST. PAUL STRUCTURAL STEEL v. ABI CONTRACTING

Civ. No. 10746.

364 N.W.2d 83 (1985)

ST. PAUL STRUCTURAL STEEL COMPANY, a Minnesota corporation, Plaintiff and Appellee, v. ABI CONTRACTING, INC., a Minnesota corporation, Defendant and Appellant.

Supreme Court of North Dakota.

March 13, 1985.

Attorney(s) appearing for the Case

Lundberg, Conmy, Nodland, Lucas, & Schulz, Bismarck, and Fredrickson & Byron, Minneapolis, Minn., for plaintiff and appellee; argued by Irvin B. Nodland, Bismarck, appearance by John Koneck, Minneapolis, Minn.

Zuger & Bucklin, Bismarck, and Moore, Costello & Hart, St. Paul, Minn., for defendant and appellant; argued by Murray G. Sagsveen, Bismarck, appearance by Timothy A. Sullivan, St. Paul, Minn.

ERICKSTAD, Chief Justice.

ABI Contracting, Inc. (ABI) has filed an appeal from a judgment of the District Court of Burleigh County awarding St. Paul Structural Steel Company (St. Paul) damages, together with costs and disbursements, in the amount of $415,057.12 for ABI's breach of a sales contract. We affirm in part, reverse in part, and remand for modification of the judgment.

The parties have stipulated that this case is governed by Minnesota law.

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