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CITY OF COLUMBIA v. PAUL N. HOWARD CO.

No. 82-1907.

707 F.2d 338 (1983)

The CITY OF COLUMBIA, MISSOURI, a municipal corporation, Appellee, v. PAUL N. HOWARD COMPANY, a North Carolina corporation, Appellant. John S. Hill, d/b/a Bruce Williams Laboratories, Inc.

United States Court of Appeals, Eighth Circuit.

Decided May 11, 1983.

Rehearing and Rehearing Denied June 9, 1983.

Attorney(s) appearing for the Case

Byron J. Beck, Morrison, Hecker, Curtis, Kuder & Parrish, Overland Park, Kan., Daniel L. Fowler, Morrison, Hecker, Curtis, Kuder & Parrish, Kansas City, Mo., for appellant.

Thomas M. Schneider, Jones & Scott, Columbia, Mo., for appellee.

Before ARNOLD, Circuit Judge, FLOYD R. GIBSON and HENLEY, Senior Circuit Judges.

Rehearing and Rehearing En Banc Denied June 9, 1983.

PER CURIAM.

Paul N. Howard Company (Howard) appeals the district court's granting of the City of Columbia's motion for summary judgment in this construction contract dispute. Because we feel this case is inappropriate for summary judgment, we reverse the judgment of the district court.

I.

In February and March, 1980 the City of Columbia advertised for bids for construction of a public sewer...

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