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CARSTENSEN CONT. v. MID-DAKOTA RURAL WATER

No. 22345.

653 N.W.2d 875 (2002)

2002 SD 136

CARSTENSEN CONTRACTING, INC., Plaintiff and Appellee, v. MID-DAKOTA RURAL WATER SYSTEM, INC., Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 13, 2002.

Attorney(s) appearing for the Case

Mark V. Meierhenry of Danforth, Meierhenry & Meierhenry Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Timothy M. Engel of May, Adam, Gerdes & Thompson Pierre, South Dakota, Attorneys for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] In this construction contract dispute, we must decide whether a requirement in the contract that the general contractor pay "all claims growing out of the lawful demand of" subcontractors, laborers, mechanics, materialmen, furnishers and suppliers means claims only on which a mechanic's lien has been filed. In granting summary judgment, the circuit court held that the general contractor had...

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