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COFFMAN INDUSTRIES, INC. v. GORMAN-TABER CO.

No. KCD 26205.

521 S.W.2d 763 (1975)

COFFMAN INDUSTRIES, INC., Respondent, v. GORMAN-TABER CO., Respondent-Appellant, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellant-Respondent.

Missouri Court of Appeals, Kansas City District.

March 31, 1975.

Attorney(s) appearing for the Case

John C. Dods, Gene E. Voigts, Kansas City, for respondent-appellant.

F. Philip Kirwan, Richard W. Mason, Jr., Kansas City, for appellant-respondent; Margolin & Kirwan, Kansas City, of counsel.

Before DIXON, C. J., and SHANGLER and WASSERSTROM, JJ.

SHANGLER, Judge.

This review is of cross-appeals taken by the defendant Fidelity and Casualty Company of New York and defendant-third party plaintiff Gorman-Taber Company.

The litigation was the culmination of this sequence of events: Beardsley Construction Company [Beardsley] became the general contractor for a sewage treatment plant. As a condition of the undertaking Beardsley obtained from Fidelity and Casualty...

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