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PETE LIEN & SONS, INC. v. CITY OF PIERRE

No. 20119.

577 N.W.2d 330 (1998)

1998 SD 38

PETE LIEN & SONS, INC., Plaintiff and Appellant, v. CITY OF PIERRE, a South Dakota Municipal Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 15, 1998.

Attorney(s) appearing for the Case

Craig D. Grotenhouse, Rapid City, for plaintiff and appellant.

Robert C. Riter, Jr. of Riter, Mayer, Hofer, Wattier & Brown, Pierre, for defendant and appellee.

PER CURIAM.

[¶ 1.] Pete Lien & Sons, Inc. (Lien) appeals a summary judgment for the City of Pierre in its action to recover the amount owed for the supply of gravel to the city stockpile.

FACTS

[¶ 2.] The City of Pierre solicited bids for the supply of twelve thousand tons of gravel to a city stockpile used for general road maintenance purposes. Fessnell Transport was the low bidder and contracted with the City to supply the gravel...

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