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MARKS & MASTERS CONST. v. WESTERN CAS. & SUR.

No. WD 35184.

684 S.W.2d 863 (1984)

MARKS AND MASTERS CONSTRUCTION, INC., Appellant, v. WESTERN CASUALTY & SURETY CO., Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied December 26, 1984.

Application to Transfer Denied February 26, 1985.

Attorney(s) appearing for the Case

Dennis E. Dibler, Kansas City, for appellant.

Robert A. Babcock and David A. Vorbeck of Margolin & Kirwan, Kansas City, for respondent.

Before TURNAGE, C.J., and MANFORD and KENNEDY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied December 26, 1984.

MANFORD, Judge.

This action, at its origin, sought damages for breach of contract and for breach of a surety bond. The trial court entered summary judgment on the bond claim. This appeal involves the summary judgment. The appeal is dismissed.

Three points are presented, which in summary charge (1) that the appeal from the trial court's ruling on summary judgment...

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