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NORTHERN EXCAVATING v. SISTERS OF MARY

No. 20110209.

815 N.W.2d 280 (2012)

2012 ND 78

NORTHERN EXCAVATING CO., INC., Plaintiff, Appellee, and Cross-Appellant, v. SISTERS OF MARY OF THE PRESENTATION LONG TERM CARE, d/b/a/ Ave Maria Village, Defendant, Appellant, and Cross-Appellee.

Supreme Court of North Dakota.

April 10, 2012.

Attorney(s) appearing for the Case

Kip M. Kaler (argued), Kaler Doeling Law Office, Fargo, N.D., for plaintiff, appellee, and cross-appellant.

Michael T. Andrews (on brief) and Michael L. Gust (argued), Anderson, Bottrell, Sanden & Thompson, Fargo, N.D., for defendant, appellant, and cross-appellee.

MARING, Justice.

[¶ 1] Sisters of Mary of the Presentation Long Term Care, d/b/a Ave Maria Village ("Sisters of Mary"), appeals, and Northern Excavating Co., Inc. ("Northern") cross-appeals from the trial court's judgment awarding Northern $81,694.23 plus interest at 1.5 percent and costs at $743.33, and awarding Sisters of Mary $3,231.00 in attorney's fees. We affirm in part, reverse in part, and remand.

I

[¶ 2] In October of 2009, Sisters...

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