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BOWES CONSTRUCTION v. DEPT. OF TRANSP.

No. 25653.

793 N.W.2d 36 (2010)

2010 S.D. 99

BOWES CONSTRUCTION, INC., Plaintiff and Appellant, v. SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 22, 2010.

Attorney(s) appearing for the Case

Thomas R. Olson , Joshua I. Welle of Olson and Welle, PC, West St. Paul, Minnesota and Steven C. Beardsley of Beardsley, Jensen and VonWald, LLC, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Jeffrey Sveen , Julia M. Dvorak of Siegel, Barnett and Schutz, LLP, Aberdeen, South Dakota, Attorneys for defendant and appellee.

SEVERSON, Justice.

[¶ 1.] Bowes Construction, Inc., a subcontractor hired to produce aggregate materials for three asphalt paving projects, initiated this breach of contract action against the South Dakota Department of Transportation. Under the subcontracts, Bowes was contractually obligated to produce aggregate materials that would pass the Department's sodium-sulfate-soundness test, and the Department was contractually obligated to accept Bowes' aggregate...

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