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HURON CENTER, INC. v. HENRY CARLSON CO.

No. 22219.

650 N.W.2d 544 (2002)

2002 SD 103

HURON CENTER, INC., d/b/a Crossroads Hotel and Convention Center, Plaintiff and Appellant, v. HENRY CARLSON CO., Durrant Group, Inc., and Durrant Construction Management, Inc., Defendant and Appellee, and Durrant Group, Inc., and Durrant Construction Management, Inc., Defendant and Appellee, v. Zurbrigen Industries, Inc. (formerly Concrete Products Company), Third Party Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 14, 2002.

Attorney(s) appearing for the Case

Rodney Freeman, Jr., Jeff Burns of Churchill, Manolis, Freeman, Kludt & Shelton, Huron, for plaintiff and appellant.

William G. Beck of Woods, Fuller, Shultz and Smith, Sioux Falls, for defendant and appellee Henry Carlson.

Gary J. Pashby of Boyce, Murphy, McDowell and Greenfield, Sioux Falls, for defendant and appellee Durrant Group.

Michael L. Luce of Davenport, Evans, Hurwitz and Smith, Sioux Falls, for third party defendant and appellee Zubrigen.

MILLER, Acting Justice.

[¶ 1.] Huron Center, Inc., d/b/a Crossroads Hotel and Convention Center (Huron Center) sued Henry Carlson Co. and Durrant Group, Inc., for breach of contract as a result of a claimed defective design and the substandard construction of a hotel in Huron, South Dakota. Although the exact date is disputed, deterioration of the exterior panels began in the early 1990's. Huron Center, however, did not commence this action until April 1997....

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