STATE v. EASTWIND, INC.

Nos. S-4546, S-4547.

851 P.2d 1348 (1993)

STATE of Alaska, acting By and Through its DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, Appellant, Cross-Appellee, v. EASTWIND, INC., Appellee, Cross-Appellant.

Supreme Court of Alaska.

May 14, 1993.


Attorney(s) appearing for the Case

Virgina A. Rusch, Asst. Atty. Gen., Anchorage and Charles E. Cole, Atty. Gen., Juneau, for appellant/cross-appellee.

Donna C. Willard, Law Offices of Donna C. Willard, Anchorage, for appellee/cross-appellant.

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


OPINION

BURKE, Justice.

This breach of contract action arises out of a dispute between the State of Alaska and Eastwind, Inc., over Eastwind's performance of a highway construction contract. The state appeals the trial court's denial of its motion for summary judgment, and the court's findings of fact and judgment in favor of Eastwind, Inc. On appeal, the state argues that the trial court erred in concluding that the state breached its contract by...

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