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NORTHERN TIMBER CORP. v. STATE

No. S-6688.

927 P.2d 1281 (1996)

NORTHERN TIMBER CORPORATION, an Alaska corporation, Appellant, v. STATE of Alaska, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, Appellee.

Supreme Court of Alaska.

November 22, 1996.

Attorney(s) appearing for the Case

Donna C. Willard, Law Offices of Donna C. Willard, Anchorage, for Appellant.

William F. Cummings, Assistant Attorney General, and Bruce M. Botelho, Attorney General, Juneau, for Appellee.

Before RABINOWITZ, MATTHEWS, COMPTON and EASTAUGH, JJ.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Northern Timber Corporation (NTC) and the Alaska Department of Transportation and Public Facilities (DOT/PF) entered into a public works contract, part of which required NTC to place, and later remove, "surcharge material" to aid compaction of underlying soils. DOT/PF required NTC to reuse the removed material in another part of the project in a way NTC claimed is contrary to the contract...

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