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DOUBLE DIAMOND v. FARMERS CO-OP. ELEVATOR

No. 22916.

680 N.W.2d 658 (2004)

2004 SD 65

DOUBLE DIAMOND CONSTRUCTION, Plaintiff and Appellant, v. FARMERS COOPERATIVE ELEVATOR ASSOCIATION OF BERESFORD, South Dakota a cooperative corporation; and Moller Construction, Inc., Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 12, 2004.

Attorney(s) appearing for the Case

Chad W. Swenson of Swenson Law Firm, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

Roger W. Damgaard and Daniel J. Harmelink of Sioux Falls, South Dakota, Attorneys for defendants and appellees.

TIMM, Circuit Judge.

[¶ 1.] Double Diamond Construction appeals from the circuit court's vacation of an arbitration award and subsequent judgment confirming an amended award. We affirm.

BACKGROUND

[¶ 2.] In the spring of 1999, Farmers Cooperative Elevator Association of Beresford (Coop) agreed to purchase a pre-engineered grain storage facility from Moller Construction Company (Moller). The total contract price was $1,355,030, including...

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