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CITY-WIDE ASPHALT CO. v. CITY OF INDEPENDENCE

No. KCD 27604.

546 S.W.2d 493 (1976)

CITY-WIDE ASPHALT CO., INC., Appellant, v. CITY OF INDEPENDENCE, Missouri, et al., Respondents.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied January 31, 1977.

Application to Transfer Denied March 14, 1977.

Attorney(s) appearing for the Case

John S. Newhouse, J. Samuel Newhouse, Independence, for appellant.

James S. Cottingham, John M. Gibson, James L. Gillham, Independence, for respondents.

Before TURNAGE, P. J., and WELBORN and HIGGINS, Special Judges.

TURNAGE, Presiding Judge.

City-Wide Asphalt Company filed suit against the City of Independence, its city manager, and the members of the city council, (1) to obtain a declaratory judgment that City-Wide had a contract with the City to supply all of its hot asphaltic concrete requirements for the year May 1, 1969, to April 30, 1970; (2) for judgment for $40,766.63 for balance due for asphalt, paver and roller use, and ...

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