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WHITE RIVER DEV. v. MECO SYSTEMS

No. 16835.

806 S.W.2d 735 (1991)

WHITE RIVER DEVELOPMENT COMPANY, Plaintiff-Respondent, v. MECO SYSTEMS, INC., A Missouri Corporation. FIDELITY and DEPOSIT COMPANY OF MARYLAND, Defendants and Third Party Plaintiffs-Appellants, v. GREAT SOUTHERN SAVINGS AND LOAN ASSOCIATION and Great Southern Financial Corporation, Third Party Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and/or Transfer Denied March 22, 1991.

Application to Transfer Denied May 3, 1991.

Attorney(s) appearing for the Case

Emory Melton, Donald L. Cupps, Ellis, Ellis and Cupps, Cassville, for plaintiff-respondent.

John R. Lewis, Mary Lou Martin, Law Offices of John R. Lewis, P.C., Springfield, for defendants and third party plaintiffs-appellants.

M. Brent Hendrix, Springfield, for third party defendants-appellants.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 22, 1991.

PREWITT, Judge.

Plaintiff sought damages against defendant Meco Systems, Inc. (Meco) and defendant Fidelity and Deposit Company of Maryland (Fidelity). Plaintiff's claim was based on breach of a construction contract which it had with Meco to construct condominium residential buildings consisting of two four-plexes and two eight-plexes on the same tract. Fidelity was the surety on...

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