AIR COOLING & ENERGY v. MIDWESTERN CONST. CO. OF MISSOURI

No. WD 30812.

602 S.W.2d 926 (1980)

AIR COOLING & ENERGY, INC., Appellant, v. MIDWESTERN CONSTRUCTION CO. OF MISSOURI, INC., and Jackson County, Missouri, Respondents.

Missouri Court of Appeals, Western District.

August 4, 1980.


Attorney(s) appearing for the Case

Charles C. Shafer, Jr., Kansas City, for appellant.

Myron S. Silverman of Gage & Tucker, Kansas City, for respondent Midwestern Const. Co. of Missouri, Inc.

Stephen F. Volek, Associate County Counselor, Kansas City, for respondent Jackson County, Missouri.

Before TURNAGE, P. J., and SHANGLER and MANFORD, JJ.


MANFORD, Judge.

This is an original proceeding by subcontractor for declaratory judgment interpreting liability of parties relative to an excavating contract. The parties stipulated either could move for summary judgment. Appellant, by motion to Rule 74.04, sought summary judgment. Respondents also sought summary judgment and trial court entered judgment for both respondents. This appeal followed. The judgment is affirmed.

Appellant charges the trial court...

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