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DUFFIELD CONST., INC. v. BALDWIN

No. 22843.

679 N.W.2d 477 (2004)

2004 SD 51

DUFFIELD CONSTRUCTION, INC., Plaintiff and Appellee, v. Karen K. BALDWIN and Gerald M. Baldwin, Defendants and Appellants.

Supreme Court of South Dakota.

Decided April 14, 2004.

Attorney(s) appearing for the Case

Steven J. Oberg of Lynn, Jackson, Shultz & Lebrun, Rapid City, South Dakota, Attorneys for plaintiff and appellee.

Pamela Snyder-Varns, James S. Nelson and Robert C. Scremin of Gunderson, Palmer, Goodsell & Nelson, Rapid City, South Dakota, Attorneys for defendants and appellants.

TUCKER, Circuit Judge.

[¶ 1.] Karen and Gerald Baldwin (Baldwins) owned property leased to Wyoming Alaska Corporation (WACO) for use as a gas station and convenience store. Duffield Construction (Duffield) performed environmental remediation on a leaky underground gasoline storage tank located on the property, installed an upgraded underground gasoline storage tank and made further improvements. WACO failed to pay for Duffield's services and Duffield filed a...

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