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STATE v. THOMAS CONSTR. CO.

No. 54,072

8 Kan. App. 2d 283 (1982)

655 P.2d 471

STATE OF KANSAS, Appellant, v. THOMAS CONSTRUCTION COMPANY, INC., and THE TRAVELERS INDEMNITY COMPANY, Appellees.

Court of Appeals of Kansas.

Opinion filed December 23, 1982.

Attorney(s) appearing for the Case

William V. North, of North, Lancaster & Dickson, of Overland Park, and Jerry W. Dickson, of North, Lancaster & Dickson, of Overland Park, special assistant attorney general, for the appellant.

Edward M. Boddington, Jr., of Boddington & Brown, of Kansas City, Kansas, Kevin E. Glynn, of Miller & Glynn, of Kansas City, Missouri, and Robert A. Babcock, of Margolin and Kirwan, of Kansas City, Missouri, for the appellees.

Before SPENCER, P.J., PARKS, J., and HARRY G. MILLER, District Judge Retired, assigned.

MILLER, J.:

This is an appeal by the State of Kansas from the order of the district court dismissing the State's action against the defendants Thomas Construction Company, Inc., and The Travelers Indemnity Company for damages for defective work in connection with the construction of the Basic Science Facility located on the campus of the University of Kansas Medical Center in Kansas City.

Among the provisions incorporated in the contract by reference was a...

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