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CITY OF LENNOX v. MITEK INDUSTRIES, INC.

No. 18440.

519 N.W.2d 330 (1994)

CITY OF LENNOX, a municipal corporation, Plaintiff and Appellant, v. MITEK INDUSTRIES, INC., a foreign corporation, d/b/a Hydro-Air; Harvest States Cooperatives, d/b/a Great Plains Supply, Defendants and Appellees, and Tony Snyders, d/b/a Breuer and Snyders Construction, Defendant.

Supreme Court of South Dakota.

Decided July 13, 1994.

Attorney(s) appearing for the Case

David M. Buechler, Parker, for appellant City of Lennox.

Barbara Anderson Lewis of Woods, Fuller, Shultz & Smith, Sioux Falls, for appellee Mitek Industries.

Harold C. Doyle and Terry G. Westergaard of May, Johnson, Doyle and Becker Sioux Falls, for appellee Great Plains Supply.

TIMM, Circuit Judge.

City of Lennox appeals the circuit court's granting of summary judgment on its negligence and implied warranty claims. We affirm.

FACTS

In 1982 the City of Lennox (City) was interested in constructing a public works building for its maintenance vehicles. Breuer and Snyders Construction (Breuer and Snyders) was awarded the bid on the construction project on September 27, 1982. Breuer and Snyders contracted with Harvest States...

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