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CLARK BROS. CONTRACTORS v. STATE

No. 85-220.

710 P.2d 41 (1985)

CLARK BROS. CONTRACTORS, Plaintiff and Appellant, v. STATE of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided December 4, 1985.

Attorney(s) appearing for the Case

Gough, Shanahan, Johnson & Waterman, Ronald F. Waterman, Helena, Winston & Cashatt, Patrick A. Sullivan, Spokane, Washington, for plaintiff and appellant.

W.D. Hutchinson, Dept. of Highways, Helena, for defendant and respondent.

MORRISON, Justice.

Plaintiff Clark Bros. Contractors appeals the February 25, 1985, decision of the Sixth Judicial District in favor of the defendant State of Montana. We vacate the District Court judgment and remand for trial.

Clark Bros. Contractors (Clark Bros.) is a Montana corporation which has been engaged in the highway construction business for 20 years, including many highway projects for the State of Montana (State). In late February or early March...

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