Legal Opinion

Arcon Construction Co. v. State Ex Rel. Department of Transportation

South Dakota Supreme Court

Decided January 6, 1982No. 13373PublishedCited by 5 opinions

1Opinion of the Court

HENDERSON, Justice.

ACTION

A declaratory judgment was brought by Arcon Construction Company (Arcon) against the State of South Dakota through its Department of Transportation and Transportation Commission (Commission) to relieve Arcon from a bid it had submitted on a public construction work project and to obtain discharge of its bid bond. The Commission subsequently filed a third-party complaint against Arcon’s surety, Employers Mutual Liability Company of Wisconsin. The trial court ruled that Arcon is entitled to cancellation of its bid and have its bid bond refunded. We affirm.

FACTS

This case…

2Cases cited9 opinions

  1. M. F. Kemper Construction Co. v. City of Los AngelesCalifornia Supreme Court · 1951
  2. State Highway Commission v. State Construction Co.Oregon Supreme Court · 1955
  3. Peerless Casualty Company v. Housing Authority of the City of Hazelhurst, GeorgiaCourt of Appeals for the Fifth Circuit · 1955
  4. State of Connecticut v. FH McGraw & Co.District Court, D. Connecticut · 1941
  5. State Board of Control v. Clutter Construction CorporationDistrict Court of Appeal of Florida · 1962

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3Cited by5 opinions

  1. Powder Horn Constructors, Inc. v. City of FlorenceSupreme Court of Colorado · 1988
  2. Bankers Trust of SC v. BruceCourt of Appeals of South Carolina · 1984
  3. Marana Unified School District No. 6 v. Aetna Casualty & Surety Co.Court of Appeals of Arizona · 1984
  4. City of Florence v. Powder Horn Constructors, Inc.Colorado Court of Appeals · 1985
  5. Powder Horn Constructors, Inc. v. City of FlorenceSupreme Court of Colorado · 1988

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