ESSEX CONTRACTING v. CITY OF DeSOTO

No. 58398.

815 S.W.2d 135 (1991)

ESSEX CONTRACTING, INC., Respondent, v. CITY OF DeSOTO, Appellant, v. DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS OF The STATE OF MISSOURI and Department of Natural Resources of the State of Missouri, Appellants, and Federal Insurance Company, Defendant.

Missouri Court of Appeals, Eastern District, Division Three.

September 17, 1991.


Attorney(s) appearing for the Case

Mark T. Stoll, Hillsboro, for appellant City of DeSoto.

William L. Webster, Atty. Gen., Mary Joe Smith, Asst. Atty. Gen., Jefferson City, for appellants Dept. of Labor and Dept. of Natural Resources.

Dana Hockensmith, Carol Bader, St. Louis, for respondent Essex Contracting, Inc.


CRIST, Judge.

This appeal arises out of a suit for declaratory judgment and other relief filed by Essex Contracting, Inc. (Essex) against the City of DeSoto (DeSoto). Essex requested a determination that it was entitled to receive $34,683.93 that was being withheld by DeSoto at the direction of the Department of Natural Resources (DNR) and the Department of Labor (DOL), both of whom were joined by DeSoto as third-party defendants. The trial court granted summary judgment...

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