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REECE CONSTR. CO. v. STATE HIGHWAY COMM'N

No. 51,720

6 Kan. App. 2d 188 (1981)

627 P.2d 361

REECE CONSTRUCTION COMPANY, INC., Appellee, v. STATE HIGHWAY COMMISSION OF THE STATE OF KANSAS, DEPARTMENT OF TRANSPORTATION OF THE STATE OF KANSAS, and GOVE COUNTY, KANSAS, Appellants.

Court of Appeals of Kansas.

Petition for review denied July 15, 1981.

Attorney(s) appearing for the Case

M. Dean Burkhead, of Riling, Norwood, Burkhead & Fairchild, Chartered, of Lawrence, for the appellant Gove County.

Charles S. Scott, Jr., of the Kansas Department of Transportation, for the appellant State Highway Commission and Department of Transportation.

Gary E. Laughlin, of Sloan, Listrom, Eisenbarth, Sloan and Glassman, of Topeka, for the appellee.

Before JUSTICE HERD, presiding, SWINEHART, J., and WILLIAM M. Cook, District Judge, assigned.

HERD, J.:

Plaintiff-appellee Reece Construction Company sued defendants-appellants The State Highway Commission, Department of Transportation and Gove County, to recover damages incurred in the rebuilding of a bridge across the Smoky Hill River in Gove County. The trial court entered judgment for Reece in the amount of $151,132.05 plus costs. The defendants appeal.

In July, 1973, the then Highway Commission, acting as agent for Gove County, entered into a...

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