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  5. 751 N.W.2d 266 (2008)
 

GETTYSBURG SC. DIST. 53-1 v. HELMS & ASSOC.

No. 24543.

751 N.W.2d 266 (2008)

2008 SD 35

GETTYSBURG SCHOOL DISTRICT 53-1, Plaintiff and Appellee, v. HELMS AND ASSOCIATES, a division of Schumucker, Paul, Nohr and Associates, Inc., Defendants, and Bituminous Paving, Inc., Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 30, 2008.

Attorney(s) appearing for the Case

Kenneth E. Barker, Michael Trump of Barker Wilson Law Firm, LLP, Belle Fourche, SD, for plaintiff and appellee.

Ronald G. Schmidt of Schmidt, Schroyer, Moreno, Lee & Bachand, PC, Rapid City, SD, for defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] Bituminous Paving, Inc. (Bituminous) appeals from a jury verdict in favor of the Gettysburg School District (District) for faulty construction of an outdoor track. We affirm.

[¶ 2.] The District entered into a contract with Bituminous for the construction of an outdoor track and with Helms and Associates (Helms) for engineering services of designing and inspecting the construction...

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