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CITY OF BISMARCK v. TOLTZ, KING, DUVALL, ET AL.

No. 87-5427.

855 F.2d 580 (1988)

CITY OF BISMARCK, Appellant, v. TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INC., Appellee, v. MINN-KOTA EXCAVATING, INC.

United States Court of Appeals, Eighth Circuit.

Decided August 30, 1988.

Attorney(s) appearing for the Case

Murray G. Sagsveen, Bismarck, N.D., for appellant.

Mark J. Heley, Minneapolis, Minn., for appellee.

Before JOHN R. GIBSON, Circuit Judge, PECK and HENLEY, Senior Circuit Judges.

PECK, Senior Circuit Judge.

In June of 1978, the City of Bismarck, North Dakota (the City) retained the engineering firm of Toltz, King, Duvall, Anderson and Associates, Inc. (TKDA) for "facility planning" for an interceptor sewer system project known as Hay Creek Trunk Sewer System, Stage VI. In November of 1980, the City and TKDA entered into a second contract for TKDA to prepare plans and specifications for the construction of the project. In April of 1981, the...

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