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  5. 575 S.W.2d 865 (1978)
 

WM. A. SMITH, ETC. v. MISSOURI P. R. CO.

No. KCD 29554.

575 S.W.2d 865 (1978)

WM. A. SMITH CONTRACTING CO., INC., Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, Respondent.

Missouri Court of Appeals, Kansas City District.

December 27, 1978.

Attorney(s) appearing for the Case

Robert A. Babcock, Margolin & Kirwan, Kansas City, for appellant.

B. Kent Snapp, James M. Beck, Johnson, Lucas, Bush & Snapp, Kansas City, for respondent.

Before SOMERVILLE, P. J., and DIXON and TURNAGE, JJ.

PER CURIAM.

Wm. A. Smith Contracting Co., Inc. (Smith), a Missouri corporation, entered into a written contract with Missouri Pacific Railroad Company (Railroad), also a Missouri corporation, for the rehabilitation of certain main and auxiliary tracks between Marlin and Waco, Texas. Controversies arising between the parties after Smith completed work on the project have bred a series of litigation.

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