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AZCON CONST. CO. v. GOLDEN HILLS RESORT

No. 18057.

498 N.W.2d 630 (1993)

AZCON CONSTRUCTION COMPANY, INC., Plaintiff and Appellee, v. GOLDEN HILLS RESORT, INC., f/k/a Golden Hills Inn, Inc., Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 7, 1993.

Attorney(s) appearing for the Case

Edward C. Carpenter, Costello, Porter, Hill Heisterkamp & Bushnell, Rapid City, for plaintiff and appellee.

Ronald W. Banks, Banks, Johnson & Colbath, Rapid City, for defendant and appellant.

WUEST, Justice.

This is an appeal arising from a circuit court's affirmation of an arbitration panel's award. The trial court ruled that Golden Hills waived its objection to arbitration by participation therein, affirmed the arbitration panel's award and denied a motion to vacate the award. We hold that participation by Golden Hills was not a waiver and reverse the trial court on that issue. However, we affirm the trial court on all other issues.

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