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ARCON CONST. v. SOUTH DAKOTA CEMENT PLANT

No. 15514.

412 N.W.2d 876 (1987)

ARCON CONSTRUCTION CO., INC., Plaintiff, and Hardrives, Inc., Plaintiff and Appellee, v. SOUTH DAKOTA CEMENT PLANT and Cement Plant Commission, Defendants and Appellants.

Supreme Court of South Dakota.

Decided September 23, 1987.

Attorney(s) appearing for the Case

Gary F. Colwill of Schmidt, Schroyer, Colwill, & Barnett, P.C., Pierre, for plaintiff and appellee.

Wayne F. Gilbert of Banks, Johnson, Monserud, Johnson, Colbath & Huffman, P.C., Rapid City, for defendants and appellants.

SABERS, Justice (on reassignment).

The South Dakota Cement Plant (Cement Plant) appeals from a judgment for Hardrives, Inc. (Hardrives), a highway construction subcontractor for the general contractor, Arcon Construction Co., Inc. (Arcon). We affirm.

FACTS

Arcon commenced a breach of contract action against Cement Plant on April 17, 1980. This action was based upon Cement Plant's failure to make timely delivery of certain quantities of cement Arcon...

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