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ROBERT L. CARR CO. v. CITY OF SIOUX FALLS

No. 15698.

416 N.W.2d 602 (1987)

ROBERT L. CARR CO., a Minnesota corporation, Plaintiff and Appellant, v. CITY OF SIOUX FALLS, a South Dakota municipal corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 16, 1987.

Attorney(s) appearing for the Case

John R. Hughes of Fisher & Hughes, Sioux Falls, for plaintiff and appellant.

Roger A. Schiager of Schiager & Peters, Sioux Falls, for defendant and appellee.

MORGAN, Justice.

Robert L. Carr Company (Carr) commenced this action for declaratory judgment against the City of Sioux Falls, a municipal corporation (City), seeking to determine City's liability for a 1000-gallon underground diesel fuel storage tank, pumps, and concrete work furnished and installed by Carr and its subcontractors. The action was tried to the court on a stipulation of facts and the trial court held against Carr and in favor of City, from which decision...

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