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MEIER'S TRUCKING CO. v. UNITED CONSTR. CO.

No. 56,877

237 Kan. 692 (1985)

704 P.2d 2

MEIER'S TRUCKING COMPANY, Appellant/Cross-Appellee, v. UNITED CONSTRUCTION COMPANY, INC., Appellee/Cross-Appellant.

Supreme Court of Kansas.

Opinion filed July 26, 1985.

Attorney(s) appearing for the Case

Gary D. McCallister, of Davis, Unrein, Hummer & McCallister, of Topeka, argued the cause, and James G. Keller and Michael J. Unrein, of the same firm, were with him on the briefs for appellant.

Anne L. Baker, of Eidson, Lewis, Porter & Haynes, of Topeka, argued the cause, and William G. Haynes, of the same firm, was with her on the brief for appellee/cross-appellant.

The opinion of the court was delivered by

McFARLAND, J.:

This is a dispute between a subcontractor (Meier's Trucking Company) and the general contractor (United Construction Company, Inc.) involving a highway construction project. Meier's three-count petition claims: (1) it is owed money for work performed; (2) it is owed damages arising from United's breach of its contract; and (3) United is guilty of civil conspiracy. The case was called for jury trial....

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