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L.R. FOY CONST. v. S.D. STATE CEMENT PLANT

No. 15000.

399 N.W.2d 340 (1987)

L.R. FOY CONSTRUCTION CO., INC., a Kansas Corporation with its principal place of business in Hutchinson, Kansas, and Spearfish Ready-Mix, Inc., a South Dakota Corporation with its principal place of business in Spearfish, South Dakota, individually and as representative of that class of persons similarly situate, Plaintiffs and Appellants v. SOUTH DAKOTA STATE CEMENT PLANT COMMISSION, the principal place of business of which is in Pennington County, South Dakota, and William P. Scanlon, of Rapid City, Pennington County, South Dakota, Defendants and Appellees.

Supreme Court of South Dakota.

Decided January 14, 1987.

Attorney(s) appearing for the Case

Ronald G. Schmidt, Schmidt, Schroyer, Colwill, Zinter & Barnett, Pierre, Wayne F. Gilbert, Banks & Johnson, Rapid City, for plaintiffs and appellants.

Brent Wilbur, May, Adam, Gerdes & Thompson, Pierre, for defendants and appellees.

HERTZ, Acting Justice.

Plaintiffs Foy Construction Company and Spearfish Ready-Mix (Foy/Ready-Mix), appeal the trial court's order granting a motion to dismiss in favor of appellee South Dakota Cement Plant Commission (Cement Plant). We reverse and remand for trial.

This action was commenced in July of 1984. The trial court dismissed Foy/Ready-Mix's claims based solely upon the U.C.C. four year statute of limitations...

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