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DEUTZ & CROW v. STATE CEMENT PLANT COM'N

Nos. 17035, 17047.

466 N.W.2d 631 (1991)

DEUTZ & CROW CO., INC., a Minnesota Corporation, Plaintiff and Appellant, v. SOUTH DAKOTA STATE CEMENT PLANT COMMISSION, a State Agency with its principal place of business in Pennington County, South Dakota, Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 13, 1991.

Rehearing Denied March 6, 1991.

Attorney(s) appearing for the Case

Ronald G. Schmidt, Schmidt, Schroyer, Colwill & Barnett, P.C., Pierre, for plaintiff and appellant.

James W. Olson, Wilson, Olson, Nash, Becker & Smoot, P.C., Rapid City, Warren May, May, Adam, Gerdes & Thompson, Pierre, for defendant and appellee.

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES/HOLDING

This is a case instituted against the South Dakota State Cement Plant. We affirm on the basis that the action is barred by the Statute of Limitations.

On May 16, 1988, Deutz & Crow Co., Inc. (Deutz & Crow) commenced this action against the South Dakota State Cement Plant Commission (Cement Plant). In their Complaint, Deutz & Crow alleged claims for breach of contract, tortious interference...

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