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EDWARD KRAEMER & SONS v. CITY OF OVERLAND PARK

No. 69,706

19 Kan. App. 2d 1087 (1994)

880 P.2d 789

EDWARD KRAEMER & SONS, INC., Appellee, v. CITY OF OVERLAND PARK; CITY OF MERRIAM; and KANSAS DEPARTMENT OF TRANSPORTATION, Appellants.

Court of Appeals of Kansas.

Opinion filed September 9, 1994.

Attorney(s) appearing for the Case

Theresa A. Pasek, staff attorney, and Michael B. Rees, chief counsel, of Kansas Department of Transportation, for appellants.

R.W. Miller, Stephen R. Miller, Weston A. Sechtem, and Frederick J. Ernst, of Miller Law Firm, P.C., of Kansas City, Missouri, for appellee.

Before BRAZIL, P.J., ELLIOTT and ROYSE, JJ.

ROYSE, J.:

This case arises out of a highway construction contract. In June 1985, the Cities of Overland Park and Merriam (Cities) awarded Edward Kraemer & Sons, Inc., (Kraemer) a contract for road reconstruction along I-35. After the work was completed, a dispute arose over the amount which the Cities owed Kraemer. Kraemer sued the Cities and obtained judgment. The Cities have appealed, raising two principal issues: (1) whether Kraemer's action was barred by...

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