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IDAHO ASPHALT SUPPLY v. STATE, DEPT. OF TRANSP

No. 98-451.

991 P.2d 434 (1999)

1999 MT 291

IDAHO ASPHALT SUPPLY, an Idaho Corporation, Montana Refining Company, a Montana Corporation, and Riverside Contracting, Inc., a Montana Corporation, Plaintiffs and Respondents v. STATE of Montana, DEPARTMENT OF TRANSPORTATION, an Agency of the State of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided November 30, 1999.

Attorney(s) appearing for the Case

Stephen Garrison, Lyle Manley, Department of Transportation, Helena, Montana, For Appellant.

Michael Uda, Colleen Coyle, Doney, Crowley & Bloomquist, Helena, Montana, For Respondents.

Justice WILLIAM E. HUNT, Sr. delivered the Opinion of the Court.

¶ 1 The Montana Department of Transportation (Appellant) appeals from the judgment of the District Court of the First Judicial District, Lewis and Clark County, ruling in favor of Idaho Asphalt Supply (Respondent) and ordering Appellant to pay $152,286.15, plus costs, prejudgment interest, and attorney's fees. Respondent cross-appeals from the District Court's adverse rulings on its summary judgment...

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