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  5. 583 N.W.2d 155 (1998)
 

DIAMOND SURFACE v. STATE CEMENT PLANT

Nos. 20112, 20124.

583 N.W.2d 155 (1998)

1998 SD 97

DIAMOND SURFACE, INC., a corporation with its principal place of business at Maple Grove, Minnesota, Plaintiff and Appellant, v. The STATE CEMENT PLANT COMMISSION, a public corporation and agency operating the Cement Plant at Rapid City, South Dakota, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 19, 1998.

Attorney(s) appearing for the Case

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

Mark J. Connot, James S. Nelson and Paul S. Swedlund of Gunderson, Palmer, Goodsell & Nelson, Rapid City, for defendant and appellee.

GILBERTSON, Justice.

[¶ 1.] Diamond Surface, Inc., a Minnesota corporation, brought suit against the South Dakota State Cement Plant Commission (SDCP), the South Dakota Department of Transportation (DOT), and Western Ash Company after completion of a highway paving project near Edgemont, South Dakota. DOT and Western Ash Company settled and were dismissed prior to trial. Diamond Surface alleged SDCP supplied defective cement which resulted in premature drying...

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