A.T. SWITZER CO. v. MIDWESTERN CONST. CO.

No. WD 34735.

670 S.W.2d 69 (1984)

A.T. SWITZER COMPANY, Appellant, v. MIDWESTERN CONSTRUCTION COMPANY OF MISSOURI, Midwestern Construction Company, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied May 1, 1984.


Attorney(s) appearing for the Case

Phillip B. Grubaugh, Kansas City, for appellant.

William L. Turner and Bruce B. Waugh, Kansas City, for respondent.

Before SHANGLER, P.J., and KENNEDY and LOWENSTEIN, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied May 1, 1984.

KENNEDY, Judge.

This is an appeal from an order granting a new trial in a case tried to the court upon a stipulation of fact. We affirm the order. Plaintiff A.T. Switzer Company filed suit against Midwestern Construction Company of Missouri for the amount for which it had subcontracted to do certain painting on a Corps of Engineers project upon which Midwestern was the...

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