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AGGREGATE CONST. v. AARON SWAN & ASSOC.

No. 27383.

871 N.W.2d 508 (2015)

2015 S.D. 79

AGGREGATE CONSTRUCTION, INC., Plaintiff and Appellant, v. AARON SWAN & ASSOCIATES, INC., Defendant and Appellee.

Supreme Court of South Dakota.

Decided October 28, 2015.

Attorney(s) appearing for the Case

Ronald G. Schmidt , Jason M. Smiley of Gunderson, Palmer, Nelson & Ashmore, LLP, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Michael F. Tobin , Meghann M. Joyce of Boyce Law Firm, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

[¶ 1.] Aggregate Construction, Inc. (Aggregate) brought a breach of contract and negligence action against Aaron Swan & Associates, Inc. (Swan) based on Swan's alleged failure to adequately test the sodium-sulfate soundness of material to be used in a construction project for the South Dakota Department of Transportation...

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