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  5. 877 N.W.2d 318 (2016)
 

BLACK HILLS EXCAVATING v. RETAIL CONST.

Nos. 27357, 27358.

877 N.W.2d 318 (2016)

2016 S.D. 23

BLACK HILLS EXCAVATING SERVICES, INC., Plaintiff and Appellant, v. RETAIL CONSTRUCTION SERVICES, INC., Defendant, Third-Party Plaintiff and Appellee, v. Mitchell E. Morris, Third-Party Defendant.

Supreme Court of South Dakota.

Decided March 9, 2016.

Attorney(s) appearing for the Case

Steven T. Iverson , Thomas E. Brady of Brady Pluimer, P.C., Spearfish, South Dakota, Attorneys for plaintiff and appellant.

Edward C. Carpenter , Stephen C. Hoffman of Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, LLP, Rapid City, South Dakota, Attorneys for defendant, third-party plaintiff and appellee.

[¶ 1.] Retail Construction Services, Inc. (RCS) and Black Hills Excavating, Inc. (BHE) entered into three subcontract agreements whereby BHE agreed to perform construction services for RCS. BHE brought this suit and asserted that RCS breached the contracts by ejecting BHE from the projects. RCS counterclaimed

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