LAUBINGER v. MISSOURI STATE HIGHWAY COM'N

No. WD 38119.

726 S.W.2d 355 (1987)

Jess LAUBINGER, Appellant, v. MISSOURI STATE HIGHWAY COMMISSION, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Denied March 3, 1987.

Application to Transfer Denied April 14, 1987.


Attorney(s) appearing for the Case

Deborah L. Hellmann, of Sullivan & Watkins, Inc., Clayton, for appellant.

Bruce A. Ring, Chief Counsel, Paula Lambrecht, Tana K. VanHamme, Asst. Counsels, of Missouri Highway and Transp. Com'n, Jefferson City, for respondent.

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


Motion for Rehearing and/or Transfer to Supreme Court Denied March 3, 1987.

PER CURIAM.

Plaintiff Laubinger appeals from an order of the Cole County Circuit Court dismissing his breach of contract action against the Missouri State Highway Commission. A previous action on these same facts was dismissed by the circuit court in 1981 for failure to prosecute, and the court dismissed the present suit as res judicata. On appeal, plaintiff argues that the circuit...

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