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BACKES v. BYRON

Civ. No. 890034.

443 N.W.2d 621 (1989)

Richard J. BACKES, Highway Commissioner for the State of North Dakota, Plaintiff and Appellant, v. Eileen BYRON and Louis V. Byron, d/b/a Byron's Construction, Defendants and Appellees.

Supreme Court of North Dakota.

July 18, 1989.

Attorney(s) appearing for the Case

Zuger, Kirmis, Bolinske & Smith, Bismarck, for plaintiff and appellant, argued by Murray G. Sagsveen, Sp. Asst. Atty. Gen.

Richard L. Burns, Glendive, Mont., for defendants and appellees.

GIERKE, Justice.

Plaintiff Richard J. Backes, Highway Commissioner for the State of North Dakota, appeals from the district court order denying the North Dakota Highway Department's motion for a preliminary injunction. We hold that the appeal is moot and, accordingly, dismiss the appeal.

The Highway Department awarded a $2,255,925.00 contract to Byron's Construction for the reconstruction of 12.277 miles of State Highway No. 3 north of Rugby, North Dakota...

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