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DONALD BUCKLIN CONST. v. McCORMICK CONST.

Nos. 26505, 26506.

835 N.W.2d 862 (2013)

2013 S.D. 57

DONALD BUCKLIN CONSTRUCTION, A d/b/a of Donald Bucklin, Plaintiff and Appellant, v. McCORMICK CONSTRUCTION CO., A d/b/a of MCC, Inc., A Minnesota Corporation; et al., Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 31, 2013.

Attorney(s) appearing for the Case

Ronald A. Parsons, Jr. , Steven M. Johnson , Shannon R. Falon of Johnson, Heidepriem & Abdallah, LLP, Sioux Falls, SD, for plaintiff and appellant.

Matthew P. Bock , William G. Beck of Woods, Fuller, Shultz & Smith, PC, Sioux Falls, SD, for defendant and appellee.

SEVERSON, Justice.

[¶ 1.] McCormick Construction contracted with Donald Bucklin Construction to build flat grain storage facilities at two locations in northern South Dakota. After beginning construction on the facilities, Bucklin stopped work, alleging that McCormick failed to make progress payments. Bucklin filed lawsuits seeking to foreclose liens on the properties and alleging McCormick was unjustly enriched. McCormick answered and counterclaimed. McCormick...

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