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SOUTHWESTERN BELL TEL. CO. v. J. A. TOBIN CONST.

No. KCD 27088.

536 S.W.2d 881 (1976)

SOUTHWESTERN BELL TELEPHONE COMPANY, Respondent, v. J. A. TOBIN CONSTRUCTION COMPANY, Appellant.

Missouri Court of Appeals, Kansas City District.

May 3, 1976.

Attorney(s) appearing for the Case

Gene C. Morris, Rogers, Field, Gentry, Benjamin & Robertson, Kansas City, for appellant.

Robert M. Kroenert, Morrison, Hecker, Curtis, Kuder & Parrish, Jack C. Lorenz, James A. Daugherty, Kansas City, for respondent.

Before SHANGLER, P. J., and SWOFFORD and SOMERVILLE, JJ.

SWOFFORD, Judge.

The respondent (hereafter Bell), in a court-tried case, was awarded a judgment for damages to its underground cable which was severed by a bulldozer operated by appellant (hereafter Tobin) in connection with a highway construction project. Bell's petition was in three counts: 1) action for trespass; 2) violation of a highway construction contract between Tobin and the State Highway Commission under the terms of which Bell claimed to be a third party...

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