FRANK COLUCCIO CONST. CO. v. CITY OF SPRINGFIELD

No. 71451.

779 S.W.2d 550 (1989)

FRANK COLUCCIO CONSTRUCTION COMPANY, Plaintiff-Appellant, v. CITY OF SPRINGFIELD, Missouri, Defendant-Respondent.

Supreme Court of Missouri, En Banc.

November 14, 1989.


Attorney(s) appearing for the Case

Roy Bash, Richard W. Miller, Peter R. Healy, Kansas City, Mark L. McQueary, Springfield, for plaintiff-appellant.

Robert H. Handley, Springfield, Bruce A. Ring, Jefferson City, for defendant-respondent.


HIGGINS, Judge.

Appellant Coluccio, a prime contractor, sued respondent for damages on behalf of its subcontractor, Garney Companies, Inc. The trial court sustained Defendant's Motion to Dismiss, and the Southern District affirmed the judgment of dismissal. This Court transferred the case on a question of general interest and importance.

Collucio alleges Springfield misrepresented underground conditions on a sewer project. Counts I and II assert Garney relied...

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