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ARCON CONST. CO. v. SOUTH DAKOTA CEMENT PLANT

Nos. 15091, 15092.

382 N.W.2d 668 (1986)

ARCON CONSTRUCTION CO., INC., A Minnesota Corporation with its principal place of business at Mora, Minnesota, Plaintiff and Appellant, (No. 15092) v. SOUTH DAKOTA CEMENT PLANT, et al., Defendants and Appellants. (No. 15091)

Supreme Court of South Dakota.

Decided February 26, 1986.

Attorney(s) appearing for the Case

Ronald G. Schmidt, Schmidt, Schroyer, Colwill & Zinter, Pierre, for plaintiff and appellant.

Wayne F. Gilbert, Banks & Johnson, Rapid City, for defendants and appellants.

HERTZ, Acting Justice.

This is a discretionary appeal from an interlocutory order, denominated "omnibus order" entered by the trial court on July 19, 1985. Defendants (Cement Plant) appeal from certain portions of the order which is herein designated as Appeal # 15091. Plaintiffs (Arcon) also appeal from the same order, which is Appeal # 15092. Both of these appeals were consolidated for disposition.

This case has been on remand pursuant to our decision on...

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