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DU-AL MFG. CO. v. SIOUX FALL CONST. CO.

No. 17523.

487 N.W.2d 29 (1992)

DU-AL MANUFACTURING COMPANY, a DIVISION OF SOS CONSOLIDATED, INC., Plaintiff and Appellant, v. SIOUX FALLS CONSTRUCTION COMPANY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 1, 1992.

Attorney(s) appearing for the Case

Acie W. Matthews of Pruitt, Matthews and Muilenburg, Sioux Falls, for plaintiff and appellant.

Douglas M. Deibert of Cadwell, Sanford & Deibert, Sioux Falls, for defendant and appellee.

L.D. ANDERSON, Circuit Judge.

This is an appeal from a grant of summary judgment. We reverse.

FACTS

On August 10, 1970, plaintiff Du-Al Manufacturing Company (Du-Al) and defendant Sioux Falls Construction Company (SFC) entered into a contract for the construction of a commercial building in Sioux Falls. The roof started to leak within a short time after construction was completed. Du-Al initiated a lawsuit (roof lawsuit) on September 29, 1975, against...

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