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TOPCO, INC. v. STATE, DEPT. OF HIGHWAYS

No. 94-301.

912 P.2d 805 (1996)

TOPCO, INC., a Montana Corporation, Plaintiff/Appellant, v. STATE of Montana, DEPARTMENT OF HIGHWAYS, Defendant/Respondent and Cross-Appellant.

Supreme Court of Montana.

Decided March 11, 1996.

Attorney(s) appearing for the Case

Richard A. Reep, Reep, Spoon & Gordon, Missoula; Dennis E. Lind, Datsopoulos, MacDonald & Lind, Missoula, for Appellant.

Nick A. Rotering, Stephen F. Garrison, Montana Department of Transportation, Helena, for Respondent.

NELSON, Justice.

Topco, Inc. (Topco) appeals from the Findings of Fact, Conclusions of Law and Order of the First Judicial District Court, Lewis and Clark County, awarding certain damages to Topco under a clearing and grubbing contract with the State of Montana, Department of Highways (State). The State cross-appeals on the assignment of the contract to Topco. We affirm in part, reverse in part and remand.

We address...

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