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KUCHENSKI v. KRAMER SHEET METAL, INC.

Civ. No. 10932.

377 N.W.2d 133 (1985)

Mike KUCHENSKI, d.b.a. Mike's Excavating Service, Plaintiff and Appellant, v. KRAMER SHEET METAL, INC., a corporation, and Great American Insurance Companies, a corporation, Defendants and Appellees.

Supreme Court of North Dakota.

November 21, 1985.

Attorney(s) appearing for the Case

Freed, Dynes, Reichert & Buresh, Dickinson, for plaintiff and appellant; argued by George T. Dynes.

Howe, Hardy, Galloway & Maus, Dickinson, for defendants and appellees; argued by Michael J. Maus.

LEVINE, Justice.

Mike Kuchenski appeals from a judgment dismissing his action on a performance bond for failing to timely file notice pursuant to North Dakota Century Code § 48-02-15. We affirm.

In 1982 Kramer Sheet Metal, Inc., contracted with Dickinson Public School District No. 1 to provide mechanical work for the construction of a school. Kramer subcontracted the plumbing and excavation work to Dickinson Plumbing and Heating, Inc. (Dickinson Plumbing...

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