FRUIN-COLNON v. HIGHWAY & TRANSP. COM'N

No. 68919.

736 S.W.2d 41 (1987)

FRUIN-COLNON CORPORATION and Granite Construction Company, Appellants, v. The MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Respondent.

Supreme Court of Missouri, En Banc.

September 15, 1987.


Attorney(s) appearing for the Case

J. Roger Edgar, Larry B. Luber, Michael D. Garner, St. Louis, Harold F. Blasky, Washington, D.C., for appellants.

Rich Tiemeyer, Chief Counsel, Mo. Highway & Transp. Com'n, Tana K. Van Hamme, Asst. Counsel, Jefferson City, Roland A. Eckert, Mary F. Stafford, Chicago, for respondent.


DONNELLY, Judge.

This is an appeal from an order sustaining a motion for judgment on the pleadings. Rule 55.27(a)(7) (nonjoinder of necessary party). This Court ordered transfer from the Court of Appeals, Mo. Const.Art. V, § 10 (1945), which upheld dismissal of appellants' breach of contract claim. We also affirm.

The well-pleaded facts of appellants' petition and incorporated documents stand admitted and are taken as true. Madison Block Pharmacy v...

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