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GREEN CONST. CO. v. KANSAS POWER & LIGHT CO.

Nos. 91-3150, 91-3151.

1 F.3d 1005 (1993)

GREEN CONSTRUCTION COMPANY, an Iowa corporation, Plaintiff-Appellant and Cross-Appellee, v. The KANSAS POWER & LIGHT COMPANY, Defendant-Counterclaimant-Appellee and Cross-Appellant, v. SEABOARD SURETY COMPANY and Green Holdings, Inc., Counterclaim-Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 21, 1993.

Attorney(s) appearing for the Case

John P. Ahlers, Barokas & Martin, Seattle, WA (Kevin E. Glynn, Niewald, Waldeck & Brown, Kansas City, MO and Gilbert G. Lundstrom, Woods & Aitken, Lincoln, NE, with him on the brief) for plaintiff-appellant.

Jeffrey S. Southard, Kansas Power & Light Co., Topeka, KS (J. Nick Badgerow, Spencer, Fane, Britt & Browne, Overland Park, KS, with him on the brief) for defendant-appellee.

Before KELLY and SETH, Circuit Judges, and KANE, District Judge.

PAUL KELLY, Jr., Circuit Judge.

This appeal arises out of a contract dispute over the construction of a dam by Plaintiff-appellant Green Construction for Defendant-appellee Kansas Power and Light (KPL). Green Construction appeals the district court's order limiting its recovery to contract damages and disallowing additional expenses and prejudgment interest. KPL cross-appeals the district court's orders denying KPL's motions for realignment of the parties, bifurcation...

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