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BECHTOLD PAVING, INC. v. CITY OF KENMARE

Civ. No. 890012.

446 N.W.2d 19 (1989)

BECHTOLD PAVING, INC., Plaintiff, v. The CITY OF KENMARE, North Dakota, Defendant, Third-Party Plaintiff, and Appellee, v. WOLD ENGINEERING, P.C., Third-Party Defendant and Appellant. BECHTOLD PAVING, INC., Plaintiff and Appellee, v. The CITY OF KENMARE, North Dakota, Defendant, Third-Party Plaintiff, and Appellant, v. WOLD ENGINEERING, P.C., Third-Party Defendant.

Supreme Court of North Dakota.

August 28, 1989.

Attorney(s) appearing for the Case

David J. Hogue, of Pringle & Herigstad, P.C., Minot, for plaintiff and appellee Bechtold Paving, Inc.

Glenn Dill III, Kenmare, for defendant, third-party plaintiff, appellee, and appellant City of Kenmare.

Gary H. Lee, of Bosard, McCutcheon & Rau, Ltd., Minot, for third-party defendant and appellant Wold Engineering, P.C.

VANDE WALLE, Justice.

Wold Engineering, P.C., and the City of Kenmare appealed from a judgment awarding Bechtold Paving, Inc., the balance due on a contract to seal streets in Kenmare and ordering Wold to pay to have the streets redone. We affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.

Kenmare retained Wold to provide engineering services and supervision for street...

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