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GRAESSLE v. STATE HIGHWAY COM'N

No. WD 40987.

784 S.W.2d 213 (1989)

Carl J. GRAESSLE and Lorraine M. Graessle, Respondents, v. STATE HIGHWAY COMMISSION OF MISSOURI, Third-Party Plaintiff-Appellant, v. CALLAWAY COUNTY, Missouri, Third-Party Defendant-Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied January 30, 1990.

Application to Transfer Denied March 13, 1990.

Attorney(s) appearing for the Case

Thomas B. Gilliam, Jr., Kirkwood, Zachary T. Cartwright, Jefferson City, Rich Tiemeyer (on the brief), Jefferson City, for third-party plaintiff-appellant.

Charles W. Riley, Whitlow, Riley, Mariea & Dunlap, Fulton, for respondents.

Diane Garber, Callaway County Pros. Atty., Fulton, for third-party defendant-respondent.

Before GAITAN, J.P. and MANFORD and ULRICH, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 30, 1990.

ULRICH, Judge.

The Missouri Highway and Transportation Commission (Commission) appeals a judgment against it ordering specific performance of a covenant in favor of Mr. and Mrs. Graessle and in favor of Callaway County (County) on a dispute over a maintenance agreement between the Commission and the County. The judgment is affirmed.

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