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HOWARD S. LEASE CONST. CO. & ASSOC. v. HOLLY

Nos. S-813, S-814.

725 P.2d 712 (1986)

HOWARD S. LEASE CONSTRUCTION COMPANY & ASSOCIATES, Appellant/Cross-Appellee, v. Jerry C. HOLLY, Jr., d/b/a Specialty Excavating, Appellee/Cross-Appellant.

Supreme Court of Alaska.

October 3, 1986.

Attorney(s) appearing for the Case

Robert J. Dickson, Atkinson, Conway, Bell & Gagnon, Anchorage, for appellant.

Raymond H. Royce, Wade & DeYoung, Anchorage, for appellee.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

MATTHEWS, Justice.

I. FACTS AND PROCEEDINGS

In 1978 the Howard S. Lease Construction Company was awarded the general contract for construction of the Soldotna Senior High School. Lease subcontracted with Jerry Holly, d/b/a Specialty Excavating, for Holly to perform specified excavation and backfill work. Holly was to be paid $384,920.00.

Lease did the finegrading of the site1 which, it claimed, was Holly...

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