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KILLIAN CONST. CO. v. TRI-CITY CONST. CO.

No. WD 35032.

693 S.W.2d 819 (1985)

KILLIAN CONSTRUCTION COMPANY, Respondent, v. TRI-CITY CONSTRUCTION COMPANY, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied July 2, 1985.

Application to Transfer Denied August 7, 1985.

Attorney(s) appearing for the Case

Richard D. Rhyne, Kansas City, for appellant.

Donald R. Duncan, Turner, Reid, Duncan, Loomer & Patton, P.C., Springfield, for respondent.

Before PRITCHARD, P.J., and SHANGLER and BERREY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied July 2, 1985.

SHANGLER, Judge.

The plaintiff Killian Construction Company subcontracted with the defendant Tri-City Construction Company to complete certain portions of the work Tri-City, as general construction contractor, agreed to perform for the United States Army Corps of Engineers. The suit by Killian against Tri-City pleaded four causes of action: Count I, for the balance owed...

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