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HIGHWAY SPECIAL. v. STATE, DEPT. OF TRANSP.

No. DA 08-0093.

215 P.3d 667 (2009)

2009 MT 253

351 Mont. 527

HIGHWAY SPECIALTIES, INC., a Montana Corporation, Plaintiff and Appellant, v. STATE of Montana, DEPARTMENT OF TRANSPORTATION, Maintenance Division, Defendant and Appellee.

Supreme Court of Montana.

Decided August 3, 2009.

Attorney(s) appearing for the Case

For Appellant: Jerry W. Schuster; Jerry W. Schuster Law Firm; Great Falls, Montana.

For Appellee: Timothy Reardon, Stephen F. Garrison; Legal Services, Montana Department of Transportation; Helena, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Highway Specialties, Inc., (HS) appeals from the order of the First Judicial District Court, Lewis and Clark County, awarding summary judgment to the State of Montana, Department of Transportation, Maintenance Division (MDT) and enforcing a liquidated damages clause in a contract for a federally funded highway project. We affirm.

¶ 2 We restate the issue on appeal as follows:

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