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  5. 566 N.W.2d 476 (1997)
 

SUNDT v. STATE, DEPT. OF TRANSP.

No. 19750.

566 N.W.2d 476 (1997)

1997 SD 91

SUNDT CORP., with its principal place of business at Tucson, Arizona, Plaintiff and Appellant, v. The STATE of South Dakota By and Through the SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, a state agency located in Pierre, South Dakota, Defendant and Appellee.

Supreme Court of South Dakota.

July 16, 1997.

Attorney(s) appearing for the Case

Ronald G. Schmidt of Schmidt, Schroyer, Moreno and Dupris, Pierre, for plaintiff and appellant.

Barton R. Banks of Banks, Johnson, Colbath and Kerr, Rapid City, for defendant and appellee.

GILBERTSON, Justice.

[¶ 1.] Sundt Corporation, a paving construction company, appeals from the trial court's directed verdict and dismissal of its negligence claim against the South Dakota Department of Transportation (SDDOT) and the trial court's refusal of its proposed jury instructions. We affirm.

FACTS AND PROCEDURE

[¶ 2.] On July 5, 1991, SDDOT awarded Sundt a paving contract for a portion of U.S. Highway 12 in Corson County between...

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