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OLANDER CONTRACTING CO. v. GAIL WACHTER INVESTMENTS

No. 20020330.

663 N.W.2d 204 (2003)

2003 ND 100

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

Supreme Court of North Dakota.

Rehearing Denied July 16, 2003.

Attorney(s) appearing for the Case

David J. Hogue (appeared), Pringle & Herigstad, P.C., Minot, N.D., and Marvin T. Fabyanske, Fabyanske, Westra & Hart, Minneapolis, MN, for plaintiff and appellee.

Randall J. Bakke, Smith Bakke Oppegard Porsborg Wolf, Bismarck, N.D., for defendant and appellant.

SANDSTROM, Justice.

[¶ 1] The City of Bismarck ("Bismarck") appealed an amended judgment that, among other things, awarded Olander Contracting Co. ("Olander") interest under the prompt payment statute, N.D.C.C. ch. 13-01.1. We conclude the addition of prompt payment interest was not available to Olander under N.D.R.Civ.P. 60(b) after our decision in an earlier appeal became final. We reverse and remand for entry of judgment.

I

[¶ 2] Olander...

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