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  5. 775 S.W.2d 208 (1989)
 

ESSEX CONTRACTING, INC. v. CITY OF DESOTO

Nos. 55010, 55702 and 56091.

775 S.W.2d 208 (1989)

ESSEX CONTRACTING, INC., Plaintiff-Respondent, v. CITY OF DESOTO, Defendant-Appellant, v. DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS OF the STATE of MISSOURI, and Department of Natural Resources of the State of Missouri, Third-Party Defendants-Appellants, and Federal Insurance Company, Defendant on Counterclaim.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied August 1, 1989.

Application to Transfer Denied September 12, 1989.

Attorney(s) appearing for the Case

Weier, Hockensmith & Sherby, Dana Hockensmith and Kurt A. Hentz, St. Louis, for Essex.

Wegman, Gasaway, Stewart, Schneider, Dickhaner, Tesreau & Stoll, Mark Thomas Stoll, Hillsboro, for City of DeSoto.

William Webster, Atty. Gen., Mark S. Siedlik, Asst. Atty. Gen., Jefferson City, for Departments.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 1, 1989.

KAROHL, Judge.

Consolidated appeals of City of DeSoto [City] and two State of Missouri government departments follow summary judgment in favor of plaintiff, Essex Contracting, Inc. [Essex], against defendant City and judgment over in favor of defendant City, against third-party defendants, Department of Labor and Industrial Relations of the State of Missouri [Department of Labor]...

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