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J. A. TOBIN CONST. CO. v. STATE, ETC.

No. WD32371.

630 S.W.2d 258 (1982)

J. A. TOBIN CONSTRUCTION COMPANY, Plaintiff-Appellant-Respondent, v. STATE HIGHWAY COMMISSION OF MISSOURI, Defendant-Respondent-Appellant, and Kansas City Power & Light Company, Defendant-Respondent.

Missouri Court of Appeals, Western District.

March 2, 1982.

Attorney(s) appearing for the Case

Michael P. Riley, Carson, Monaco, Coil, Riley, & McMillin, P. C., Jefferson City, for plaintiff-appellant-respondent.

William H. Woodson, Gardiner B. Davis, Spencer, Fane, Britt & Browne, Kansas City, for defendant-respondent, Kansas City Power & Light Co.

Bruce A. Ring, Chief Counsel, John W. Maupin, Asst. Chief Counsel, Dan Pritchard, Asst. Counsel, Jefferson City, for defendant-respondent-appellant, State Highway Commission of Missouri.

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

DIXON, Judge.

Plaintiff Tobin Construction Co. and defendant State Highway Commission appeal from orders of summary judgment in favor of Kansas City Power & Light Company (KCPL) on Count II of Tobin's petition for breach of contract and on the Commission's cross-claim for indemnity against KCPL. The trial court designated its order final and appealable on those summary judgments. There remains pending in the trial court Count I of Tobin's petition directed against...

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