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BUNKERS v. JACOBSON

Nos. 21965, 22021.

653 N.W.2d 732 (2002)

2002 SD 135

George BUNKERS and Gwen Bunkers d/b/a George Bunkers Construction, Plaintiffs and Appellants, v. Gary JACOBSON and Diane Jacobson, Defendants and Appellees. and George Bunkers and Gwen Bunkers d/b/a George Bunkers Construction, Third Party Plaintiffs and Appellants, v. Naatjes Concrete, Inc. and D.L. Johnson and Gordon Johnson d/b/a Johnson Drywall, Third Party Defendants.

Supreme Court of South Dakota.

Decided November 6, 2002.

Attorney(s) appearing for the Case

Timothy A. Clausen of Klass, Stoick, Mugan, Villone, Phillips, Orzechowski, Clausen & Lapeirre, Sioux City, IA, Kristi Holm of Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, for plaintiffs and appellants and third-party plaintiffs and appellants.

Jeffrey J. Koerselman and Gary P. Thimsen of Woods, Fuller, Shultz & Smith, Sioux Falls, SD, for defendants and appellees.

TRANDAHL, Circuit Judge.

[¶ 1.] George and Gwen Bunkers, doing business as George Bunkers Construction (Bunkers Construction), appeal the trial court's decision awarding damages in favor of Gary and Diane Jacobson (Jacobson) in a cost-plus contract dispute. By notice of review, Jacobson asserts that the trial court erred in failing to award prejudgment interest on a counterclaim. We affirm in part, reverse in part and remand.

PROCEDURAL HISTORY

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