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SCHERBENSKE EXCAVATING, INC. v. N.D. STATE HWY. DEPT.

Civ. No. 10818.

365 N.W.2d 485 (1985)

SCHERBENSKE EXCAVATING, INC., Petitioner and Appellee, v. NORTH DAKOTA STATE HIGHWAY DEPARTMENT, Respondent and Appellant.

Supreme Court of North Dakota.

As Corrected April 9, 1985.

Attorney(s) appearing for the Case

Zuger & Bucklin, Bismarck, and Moore, Costello & Hart, St. Paul, Minn., for petitioner and appellee; argued by Lyle W. Kirmis, Bismarck.

Robert E. Lane, Asst. Atty. Gen., Bismarck, for respondent and appellant.

LEVINE, Justice.

This is an appeal by the State Highway Department from a district court judgment affirming an arbitration award of $781,604.00 in favor of Scherbenske Excavating, Inc. (Scherbenske) and denying the Highway Department's motion to vacate the award.

In the summer of 1980 Scherbenske contracted with the Highway Department to pave 21.5 miles of roadway near Beulah. The contract provided that Scherbenske would commence work by mid-August 1980 and...

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