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FLANDREAU PUBLIC SCH. DIST. v. JOHNSON

No. 23419.

701 N.W.2d 430 (2005)

2005 SD 87

FLANDREAU PUBLIC SCHOOL DISTRICT # 50-3, Plaintiff and Appellee, v. G.A. JOHNSON CONSTRUCTION, INC., Defendant, Third Party Plaintiff and Appellant, Williams Brothers Masonry Joint Venture, LLC, Third Party Defendant.

Supreme Court of South Dakota.

Decided July 13, 2005.

Attorney(s) appearing for the Case

Wilson M. Kleibacker of Lammers, Kleibacker & Brown, LLP, Madison, South Dakota Attorneys for appellee.

William G. Beck, Mary Ellen Dirksen of Woods, Fuller, Shultz and Smith, Sioux Falls, South Dakota, Attorneys for appellants.

ZINTER, Justice.

[¶ 1.] Flandreau School District and G.A. Johnson Construction entered into an agreement for the construction of an elementary school. The agreement included a provision requiring alternative dispute resolution (arbitration).1 A dispute subsequently arose over the appearance of the interior walls of the building, and Flandreau brought suit against Johnson in circuit court. Johnson moved to dismiss or compel arbitration...

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