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EARTH MOVERS v. STATE, DEPT. OF TRANSP.

No. S-4275.

824 P.2d 715 (1992)

EARTH MOVERS OF FAIRBANKS, INC., Appellant, v. STATE of Alaska, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, Appellee.

Supreme Court of Alaska.

January 24, 1992.

Attorney(s) appearing for the Case

Joseph L. Paskvan, Hoppner & Paskvan, P.C., Fairbanks, for appellant.

Mason Damrau, Asst. Atty. Gen., Fairbanks, Charles E. Cole, Atty. Gen., Juneau, for appellee.

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

OPINION

MATTHEWS, Justice.

INTRODUCTION

Earth Movers of Fairbanks, Inc. ("EMF") sued the Department of Transportation and Public Facilities ("DOT/PF") for breach of contract and for declaratory relief. The superior court upheld the conclusion of the DOT/PF Appeals Officer that DOT/PF had not breached the contract. The superior court also ruled that declaratory relief was inappropriate. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

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