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JIM'S EXCAVATING SERVICE v. HKM ASSOC.

No. 93-166.

878 P.2d 248 (1994)

JIM'S EXCAVATING SERVICE, INC., a Montana Corporation, Plaintiff/Respondent/Cross-Appellant, v. HKM ASSOCIATES, a Montana Corporation, Defendant/Appellant.

Supreme Court of Montana.

Decided July 12, 1994.

Rehearing Denied August 25, 1994.

Attorney(s) appearing for the Case

Neil G. Westesen and Donald L. Harris, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, for appellant.

Stephen D. Bell and Robert L. Sterup, Dorsey & Whitney, Billings, for respondent.

John F. Sullivan, Hughes, Kellner, Sullivan & Alke, Helena, for amici curiae Consulting Engineers Council of MT and MT Technical Council.

NELSON, Justice.

Jim's Excavating Service, Inc. (JES), brought this action against the engineering firm of HKM Associates, (HKM), in the District Court of the Thirteenth Judicial District, Yellowstone County, claiming delay and extra work damages as a result of HKM's negligent design and supervision of the Lockwood Water User's Association water pipeline project. The jury returned a verdict in the amount of $381,000.00. HKM appeals and JES cross appeals on the issue...

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