STATE EX REL. STATE, ETC. v. CITY OF ST. LOUIS

No. 38235.

575 S.W.2d 712 (1978)

STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Plaintiff-Appellant, v. CITY OF ST. LOUIS and John H. Poelker, Mayor, Defendants-Respondents.

Missouri Court of Appeals, St. Louis District, Division Two.

Motion for Rehearing and/or Transfer Denied December 15, 1978.

Application to Transfer Denied February 13, 1979.


Attorney(s) appearing for the Case

John H. Gladden, State Highway Comm., Joplin, Bruce A. Ring, State Highway Comm., Jefferson City, for plaintiff-appellant.

Donald L. Schlapprizzi, Alfred Lebowitz, St. Louis, for defendants-respondents.


Motion for Rehearing and/or Transfer to Supreme Court Denied December 15, 1978.

STEWART, Judge.

The relator, State Highway Commission of Missouri (Commission) brought suit for breach of contract against the City of St. Louis, its Mayor, its Comptroller and Travelers Insurance Company as surety on the bond of the Comptroller. We shall refer to defendants as City. City filed a counterclaim for damages contending the contracts sued upon by Commission and other...

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