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ALASKA CONST. v. BALZER PACIFIC EQUIP. CO.

Nos. S-11168, S-11225.

130 P.3d 932 (2006)

ALASKA CONSTRUCTION & ENGINEERING, INC., Appellant/Cross-Appellee, v. BALZER PACIFIC EQUIPMENT COMPANY, Appellee/Cross-Appellant.

Supreme Court of Alaska.

Rehearing Denied April 4, 2006.

Attorney(s) appearing for the Case

Thomas S. Gingras and Erin K. Egan, Eide, Miller & Pate, P.C., Anchorage, for Appellant/Cross-Appellee.

David W. Pease, Burr, Pease & Kurtz, Anchorage, for Appellee/Cross-Appellant.

Before: BRYNER, Chief Justice, EASTAUGH, FABE, and CARPENETI, Justices.

OPINION

CARPENETI, Justice.

I. INTRODUCTION

Alaska Construction & Engineering, Inc. (ACE) leased various pieces of equipment from Balzer Pacific Equipment Company (Balzer). When ACE stopped making rental payments, Balzer sued for breach of contract and sought prejudgment delivery of the equipment. Balzer was allowed to retrieve its equipment after putting up a bond. The jury returned a verdict for Balzer on its breach of contract claims...

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