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TAOS CONST. CO. v. PENZEL CONST. CO.

No. 53221.

750 S.W.2d 522 (1988)

TAOS CONSTRUCTION COMPANY, INC., Plaintiff-Appellant/Cross-Respondent, v. PENZEL CONSTRUCTION COMPANY, INC., Defendant-Respondent/Cross-Appellant.

Missouri Court of Appeals, Eastern District, Southern Division.

Motion for Rehearing and/or Transfer Denied April 27, 1988.

Application to Transfer Denied June 14, 1988.

Attorney(s) appearing for the Case

Mark W. Comley, Jefferson City, for Taos Const.

Stephen C. Wilson, Jackson, for Penzel Const.

John W. Koenig, Jr., Sikeston, for amicus curiae Missouri Highway & Comm.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 27, 1988.

REINHARD, Presiding Judge.

Both parties appeal from a judgment of the trial court in favor of defendant Penzel Construction Company on plaintiff Taos Construction Company's breach of contract claim and in favor of Taos on Penzel's counterclaim. The appeals are consolidated for our review; we affirm.

Penzel was the prime contractor for a Missouri Highway and Transportation...

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