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AMERT v. ZIEBARTH CONST. CO.

No. 15299.

400 N.W.2d 888 (1987)

Henry AMERT, Plaintiff and Appellant, v. ZIEBARTH CONSTRUCTION COMPANY, d/b/a Madison Insulation Company, and U.S. Fiber Corporation, Defendants and Third Party Plaintiffs and Appellees, v. AMERT CONSTRUCTION COMPANY, a Corporation, Third Party Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 11, 1987.

Attorney(s) appearing for the Case

Jerome B. Lammers of Lammers, Lammers, Kleibacker & Casey, Madison, for plaintiff and appellant.

John E. Simko of Woods, Fuller, Shultz & Smith, P.C., Sioux Falls, for U.S. Fiber Corp.

Thomas M. Issenhuth of Arneson, Issenhuth & Gienapp, Madison, for Ziebarth Const. Co., d/b/a Madison Insulation Co.

Michael L. Luce of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for Amert Const. Co.

WUEST, Chief Justice.

Appellant appeals trial court's judgment denying prejudgment interest. We reverse and remand.

Appellant, Henry Amert (Amert), is the owner of a recreation building in Madison, South Dakota and was a stockholder in Amert Construction Company. Amert Construction Company was the prime contractor on the recreation building. Insulation work on the building was subcontracted to the Ziebarth Construction Company, doing business as Madison Insulation...

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