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OLANDER CONTRACTING v. GAIL WACHTER INVESTMENTS

No. 20010086.

643 N.W.2d 29 (2002)

2002 ND 65

OLANDER CONTRACTING CO., Plaintiff, Appellee and Cross-Appellant, v. GAIL WACHTER INVESTMENTS, Defendant, Appellee and Cross-Appellant, Dakota Sand and Gravel, Inc., Defendant, and The City of Bismarck, North Dakota, Defendant, Appellant and Cross-Appellee.

Supreme Court of North Dakota.

Rehearing Denied May 14, 2002.

Attorney(s) appearing for the Case

Marvin T. Fabyanske (argued), Fabyanske, Westra & Hart, Minneapolis, and David J. Hogue (appeared), Pringle & Herigstad, P.C., Minot, for plaintiff, appellee, and cross-appellant.

Clark J. Bormann (argued) and Paul H. Myerchin (on brief), Bormann Law Office, Bismarck, for defendant, appellee, and cross-appellant.

Randall J. Bakke (argued) and Michael J. Hagburg (on brief), Smith Bakke Hovland & Oppegard, Bismarck, for defendant, appellant, and cross-appellee.

SANDSTROM, Justice.

[¶ 1] The City of Bismarck ("Bismarck") appealed a judgment and orders entered in an action brought by Olander Contracting Co. ("Olander") against Bismarck, Gail Wachter d/b/a Gail Wachter Investments ("Wachter"), and Dakota Sand and Gravel, Inc.1 Wachter and Olander cross-appealed. We affirm.

[¶ 2] In 1997, Olander, Wachter, and Bismarck entered into a water...

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