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CITY-WIDE ASPHALT v. INDUSTRIAL PAVING

Nos. WD 45391, WD 45429.

838 S.W.2d 480 (1992)

CITY-WIDE ASPHALT COMPANY, INC., Appellant/Respondent, v. INDUSTRIAL PAVING, INC., et al., Defendants, and James L. Webb and Lucy L. Webb, et al., Respondents/Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied October 27, 1992.

Attorney(s) appearing for the Case

John Joseph Phillips, Independence, for City-Wide Asphalt Co., Inc.

Thomas J. Daly, Joseph Y. DeCuyper, Kansas City, for Industrial Paving, Inc., et al.

Before ULRICH, P.J., and SHANGLER and FENNER, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 27, 1992.

FENNER, Judge.

This action arises out of certain paving work performed by appellant-respondent, City-Wide Asphalt Company Inc., (City Wide) as a subcontractor for Industrial Paving, Inc., (Industrial Paving). The paving work was for installation of streets and curbs in a subdivision then owned by respondents-cross-appellants James L. Webb, Lucy L. Webb and J.L.W. Inc., et al., ...

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