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  5. 848 N.W.2d 273 (2014)
 

STERN OIL CO. v. BORDER STATES PAVING, INC.

No. 26729.

848 N.W.2d 273 (2014)

2014 SD 28

STERN OIL COMPANY, Plaintiff and Appellant, and State of South Dakota ex rel. Stern Oil Company, Plaintiff, v. BORDER STATES PAVING, INC. and Liberty Mutual Insurance Company, as its Surety, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 14, 2014.

Attorney(s) appearing for the Case

Daniel K. Brendtro of Zimmer, Duncan & Cole, LLP, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

Thomas R. Olson of Olson Construction Law, PC, West Saint Paul, Minnesota, Attorneys for defendants and appellees.

[¶ 1.] Border States Paving Company, Inc. (Border States) was the prime contractor on a road construction project. Stern Oil Company (Stern Oil) sued Border States and its surety, Liberty Mutual Insurance Company (Liberty Mutual), for fuel and petroleum products Stern Oil sold to a Border States subcontractor, Weatherton Contracting Company, Inc. (Weatherton). Stern Oil asserted three causes of action: one on Liberty Mutual's bond, one against Border States for breach...

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