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CITY OF BISMARCK v. MARINER CONST., INC.

No. 20050322.

714 N.W.2d 484 (2006)

2006 ND 108

CITY OF BISMARCK, North Dakota, Plaintiff and Appellee v. MARINER CONSTRUCTION, INC., a North Dakota corporation, and Great American Insurance Company, an Ohio corporation, Defendants, Third-Party Plaintiffs, and Appellants v. Koch Materials Company, Third-Party Defendant.

Supreme Court of North Dakota.

May 16, 2006.

Attorney(s) appearing for the Case

Randall J. Bakke (argued), Smith Bakke Porsborg & Schweigert, Bismarck, N.D., for plaintiff and appellee.

B. Timothy Durick (appeared) and Patrick W. Durick (on brief), Pearce & Durick, Bismarck, N.D., and Marvin T. Fabyanske (argued) and Aaron A. Dean (on brief), Fabyanske, Westra, Hart & Thompson, Minneapolis, MN, for defendants, third-party plaintiffs, and appellants.

VANDE WALLE, Chief Justice.

[¶ 1] Mariner Construction, Inc., and Great American Insurance Company ("Mariner") appealed from a district court order denying their post-trial motions after a jury found Mariner breached its contract with the city of Bismarck and awarded Bismarck $261,943 in damages, plus interest. We hold the district court misapplied the law in instructing the jury on Bismarck's breach of contract claim, and we reverse and remand for proceedings...

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