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KLAWOCK HEENYA CORP. v. DAWSON CONST.

No. S-2457.

778 P.2d 219 (1989)

KLAWOCK HEENYA CORPORATION, an Alaska corporation, Appellant, v. DAWSON CONSTRUCTION/HANK'S EXCAVATION, a Joint Venture; Dawson Construction Company, a Washington corporation; Hank's Excavation, Inc., an Alaska corporation; and United Pacific Insurance Co., a Washington corporation, Appellees.

Supreme Court of Alaska.

August 25, 1989.

Attorney(s) appearing for the Case

Joan H. Lukasik and Terrence L. Fredrickson, Smith & Leary, Seattle, Washington, for appellant.

Mary E. Guss, Clifford H. Smith, APC, Ketchikan, for appellees.

Before MATTHEWS, C.J., RABINOWITZ, BURKE, COMPTON and MOORE, JJ.

OPINION

MATTHEWS, Chief Justice.

I. FACTS AND PROCEEDINGS

Appellant Klawock Heenya Corporation ("Klawock") brought suit against appellee Hank's Excavation1 to recover the unpaid balance owed by Hank's Excavation for its purchase of fuel from Klawock. Hank's Excavation counterclaimed, asserting that some of the fuel was defective and had caused it to incur damages in excess...

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