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ST. JOSEPH LIGHT & POWER CO. v. KAW VALLEY TUNNELING, INC.

No. 60862.

589 S.W.2d 260 (1979)

ST. JOSEPH LIGHT & POWER COMPANY, Plaintiff-Appellant, v. KAW VALLEY TUNNELING, INC., I. V. Cunningham, Sr., St. Joseph Water Company, Defendants-Respondents, and City of St. Joseph, Missouri, Defendant-Appellant. CITY OF ST. JOSEPH, MISSOURI, Third Party Plaintiff-Appellant, and St. Joseph Water Company, Third Party Plaintiff-Respondent, v. BLACK AND VEATCH, CONSULTING ENGINEERS, Third Party Defendant-Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied December 6, 1979.

Attorney(s) appearing for the Case

Charles S. Wilcox, St. Joseph, for plaintiff-appellant.

G. Steven Ruprecht, F. Philip Kirwan, Kansas City, for defendants-respondents.

John R. Caslavka, Kansas City, for third party defendant-respondent.

Gary A. Fenner, St. Joseph, for third party plaintiff-appellant.

SEILER, Judge.

This action is by the St. Joseph Light & Power Company ("Power Company") to recover for damages to its buildings and facilities resulting from the construction of a sewer by the city of St. Joseph ("city"). The Power Company's petition was filed in three counts. Counts I and II alleged damages resulting from the negligence of defendants Kaw Valley Tunneling, Inc., and I. V. Cunningham, Sr., joint venturers ("Kaw Valley"), the city, and the St. Joseph...

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