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McCARNEY v. NEARING, STAATS

Nos. WD 47120, WD 47157.

866 S.W.2d 881 (1993)

Stephen B. McCARNEY, et al., Respondents, v. NEARING, STAATS, PRELOGAR AND JONES, Appellants, Stephen B. McCARNEY, et al., Relators, v. The Honorable Frank CONLEY, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied November 30, 1993.

Application to Transfer Denied January 25, 1994.

Attorney(s) appearing for the Case

G. William Quatman, Shughart, Thomson & Kilroy, P.C., Kansas City, for appellants Nearing, Staats, Prelogar and Jones.

W. Dudley McCarter, Behr, Mantovani, McCarter & Cappiello, P.C., St. Louis, for respondents Stephen B. McCarney, et al.

Louis J. Leonatti, Seigfreid, Runge, Leonatti, Pohlmeyer, Hagan & Seigfreid, P.C., Mexico, for respondent Honorable Frank Conley.

Before BRECKENRIDGE, P.J., and BERREY and SPINDEN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 30, 1993.

BRECKENRIDGE, Presiding Judge.

This proceeding involves the consolidation of two cases pertaining to the construction of the Hawthorne Educational Services Building, a two-story office building in Columbia, Missouri. One of the consolidated cases concerns an appeal from a suit filed by Stephen B. McCarney, Michele T. Jackson, McCarney's wife, and Hawthorne Educational Services...

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