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  5. 567 S.W.2d 394 (1978)
 

V. S. DiCARLO CONST. CO., INC. v. STATE

No. KCD 29121.

567 S.W.2d 394 (1978)

V. S. DiCARLO CONSTRUCTION CO., INC., Respondent, v. STATE of Missouri, Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied June 12, 1978.

Application to Transfer Denied July 24, 1978.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Louren R. Wood, Asst. Atty. Gen., Jefferson City, for appellant.

Ernest H. Fremont, Jr., Wm. Dirk Vandever, Popham, Popham, Conway, Sweeny & Fremont, P. C., Kansas City, for respondent.

Before WELBORN, Special Judge, Presiding, PRITCHARD, J., and HIGGINS, Special Judge.

ROBERT R. WELBORN, Special Judge, Presiding.

Action by contractor to recover from state for removal of rock under construction contract. Upon submission of cause on stipulated facts, trial court found for contractor. State has appealed.

This controversy arises out of the construction for the State of Missouri of an office building for the Adjutant General and an Emergency Operations Center in Jefferson City. V. S. DiCarlo Construction Co., Inc. ("DiCarlo"...

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