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EXCEL CONST., INC. v. TOWN OF LOVELL

No. S-11-0001.

268 P.3d 238 (2011)

2011 WY 166

EXCEL CONSTRUCTION, INC., a Wyoming corporation, Appellant (Plaintiff), v. TOWN OF LOVELL, WYOMING, an incorporated municipality, Appellee (Defendant).

Supreme Court of Wyoming.

December 20, 2011.

Attorney(s) appearing for the Case

Representing Appellant: Patrick J. Murphy of Williams, Porter, Day & Neville, P.C., Casper, Wyoming.

Representing Appellee: Tracy J. Copenhaver of Copenhaver, Kath, Kitchen & Kolpitcke, LLC, Powell, Wyoming; Bradley D. Bonner of Bonner Stinson, P.C., Cody, Wyoming. Argument by Mr. Copenhaver .

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

GOLDEN, Justice.

[¶ 1] Excel Construction, Inc. (Excel) entered into a contract with the Town of Lovell to replace the Town's water and sewer system mains and service connections. Excel subsequently filed a complaint against the Town for breach of that contract and related claims. The district court dismissed Excel's claims for failure to submit a governmental notice of claim that met the itemization requirements of the Wyoming Constitution and the Wyoming Governmental...

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