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BORDER STATES PAVING, INC. v. STATE

No. 19997.

574 N.W.2d 898 (1998)

1998 SD 21

BORDER STATES PAVING, INC., a corporation with its principal place of business at Fargo, North Dakota, Plaintiff and Appellant, v. The STATE of South Dakota By and Through the SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, a state agency located at Pierre, South Dakota, Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 4, 1998.

Attorney(s) appearing for the Case

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

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

GILBERTSON, Justice.

[¶ 1.] Border States Paving Corporation, a North Dakota paving construction company, appeals from the trial court's denial of its motion for judgment notwithstanding the verdict or, in the alternative, its motion for new trial after a jury verdict was returned in favor of the South Dakota Department of Transportation. We affirm.

FACTS AND PROCEDURAL HISTORY

[¶ 2.] On June 13, 1993, the South Dakota Department of Transportation...

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