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KINGSTON ELEC. v. WAL-MART PROPERTIES

Nos. 67068, 67100.

901 S.W.2d 260 (1995)

KINGSTON ELECTRIC, INC., Plaintiff/Respondent, v. WAL-MART PROPERTIES, INC., Defendant/Respondent/Appellant, v. MAX BARKEN CONSTRUCTION COMPANY, INC., and L.M.B. Construction Company, Inc., Defendants/Appellants, v. PPG INDUSTRIES, INC., Defendant/Cross-claimant/Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer Denied June 26, 1995.

Application to Transfer Denied July 25, 1995.

Attorney(s) appearing for the Case

Kim Roger Luther and Katherine L. Butler, St. Louis, for Kingston Elec., Inc.

Stefan J. Glynias and Lisa A. Green, St. Louis, for Wal-Mart Properties, Inc.

Francis Slay, Guilfoil, Petzall, Shoemake, St. Louis, for PPG Industries, Inc.

W. Dudley McCarter, Behr, Mantovan, McCarter & Potter, St. Louis, for Max Barken Const. Co., Inc.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 26, 1995.

GRIMM, Chief Judge.

On November 12, 1987, Max Barken Construction Company, Inc.,1 entered into a contract with Wal-Mart Properties, Inc. Under the agreement, Barken was the general contractor for the construction of a Wal-Mart Store in St. Louis County.

On that same day, Barken entered into several subcontracts. This appeal concerns two. One was...

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