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UNION PACIFIC RAILROAD CO. v. KANSAS CITY TRANSIT CO.

No. 24299.

401 S.W.2d 528 (1966)

UNION PACIFIC RAILROAD COMPANY, Plaintiff-Respondent, v. KANSAS CITY TRANSIT COMPANY, Inc., Defendant-Appellant.

Kansas City Court of Appeals, Missouri.

Motion for Rehearing and/or Transfer Denied April 4, 1966.

Application to Transfer Denied May 9, 1966.

Attorney(s) appearing for the Case

Harold T. VanDyke, Kansas City, for appellant; Albert Thomson, Linde, Thomson, VanDyke, Fairchild & Langworthy, Kansas City, of counsel.

George T. Morton, Jr., and Allan L. Bioff, Kansas City, for respondent; Watson, Ess, Marshall & Enggas, Kansas City, of counsel.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 4, 1966.

CROSS, Presiding Judge.

This is an action to enforce a contract obligation. A jury waived trial of the case resulted in a judgment that plaintiff Union Pacific Railroad Company recover of defendant Kansas City Transit Company, Inc. the sum of $8,378.39, with interest, a total of $10,263.52, as and for defendant's agreed contributive share of the cost of repairing a viaduct approach...

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