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LAKE OZARK CONST. v. NORTH PORT ASSOC.

No. WD 46629.

859 S.W.2d 710 (1993)

LAKE OZARK CONSTRUCTION INDUSTRIES, INC., et al., Appellants, v. NORTH PORT ASSOCIATES, et al., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied July 27, 1993.

Application to Transfer Denied September 28, 1993.

Attorney(s) appearing for the Case

Mark G. Arnold, Husch & Eppenberger, St. Louis, Alex Bartlett, Jefferson City, for appellants.

Curtis, Oetting, Heinz, Garrett & Soule, P.C., J. Patrick Chassaing, Thomas W. Dietrich, St. Louis, for respondents.

Before LOWENSTEIN, C.J., and TURNAGE and BRECKENRIDGE, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 27, 1993.

LOWENSTEIN, Chief Judge.

The appeal here basically concerns a motion to dismiss a suit for a declaratory judgment the appellant wanted to determine the right to perform construction in accordance with two contracts.

This case involves multiple respondents and appellants. One respondent, North Port Associates, Inc. (North Port), owns approximately 1,100 acres of property along...

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