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  5. 447 N.W.2d 339 (1989)
 

CANDEE CONST. v. DEPT. OF TRANSP.

Nos. 16552, 16553 and 16558.

447 N.W.2d 339 (1989)

CANDEE CONSTRUCTION COMPANY, INC., a North Dakota Corporation, Plaintiff and Appellant, v. SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, et al., Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 11, 1989.

Reconsideration Denied November 17, 1989.

Attorney(s) appearing for the Case

Joseph M. Butler, Terry L. Hofer of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, David D. Beaudoin, David C. Roland of LeFevere, Lefler, Kennedy O'Brien & Drawz, Minneapolis, Minn., for plaintiff and appellant.

Franklin J. Wallahan, Debra D. Watson of Wallahan & Watson, Rapid City, for individual defendants.

Thomas R. Lehnert, Ronald W. Banks of Banks, Johnson, Johnson, Colbath & Huffman, P.C., Rapid City, Carl W. Quist, Asst. Atty. Gen., Pierre, for state defendants.

HEEGE, Circuit Judge.

Candee Construction Company (Candee) served and filed a complaint against the South Dakota Department of Transportation (DOT) as well as James Myers (Myers), former South Dakota Secretary of Transportation, and present DOT employees Charles Piper, regional engineer; Dennis Landguth, area engineer; Gary Engel, project engineer; and Glenn Bintliff, project inspector (individual defendants). Candee alleges several causes of action arising from highway...

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