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McKAY CONST. CO. v. ADA COUNTY

No. 20909.

894 P.2d 156 (1995)

126 Idaho 923

McKAY CONSTRUCTION CO., an Idaho partnership, Plaintiff-Appellant, v. ADA COUNTY, Defendant-Respondent.

Court of Appeals of Idaho.

Petition for Review Denied May 23, 1995.

Attorney(s) appearing for the Case

Vernon K. Smith, Boise, argued for appellant.

Greg Bower, Ada County Pros. Atty., Ted E. Argyle, Deputy Pros. Atty., Boise, for respondent. Ted E. Argyle argued.

PER CURIAM.

This is an appeal from a judgment entered by the district court against McKay Construction Company in an action on a landfill contract entered into with Ada County. For the reasons stated herein, we affirm.

FACTS AND PROCEDURAL BACKGROUND

In 1972, McKay was awarded a contract by Ada County to open and operate a landfill. The contract provided a fixed fee to McKay for operation of the landfill and also provided that if the average daily...

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