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DON GASTON & SON v. VIC KOEPKE EXCAVATING

No. WD 35792.

693 S.W.2d 850 (1985)

DON GASTON & SON, INC., d/b/a Don Gaston Construction Co., Plaintiff-Appellant, v. VIC KOEPKE EXCAVATING & GRADING COMPANY, Defendant-Respondent.

Missouri Court of Appeals, Western District.

June 18, 1985.

Attorney(s) appearing for the Case

William J. Raach, Clayton, for plaintiff-appellant.

Ilus W. Davis, Christopher J. Anderson, Donald G. Scott, Dietrich, Davis, Dicus, Rowlands, Schmitt & Gorman, Kansas City, for defendant-respondent.

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

TURNAGE, Chief Judge.

Don Gaston & Son, Inc., d/b/a Don Gaston Construction Co., brought suit against Vic Koepke Excavating & Grading Company to recover sums allegedly due under a contract. The jury returned a verdict in favor of Gaston for $200,000. Gaston remitted $21,158.47 and agreed that judgment could be entered for the balance. The court sustained Koepke's motion for judgment notwithstanding the verdict and conditionally granted Koepke a new trial on...

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