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JOHNSON CONT. v. CITIZENS MEM. HOSP. DIST.

No. 21185.

952 S.W.2d 791 (1997)

JOHNSON CONTROLS, INC., Plaintiff-Appellant, v. CITIZENS MEMORIAL HOSPITAL DISTRICT, Wayne Wilson, Joe Shelton, Kerry Douglas, David Hacker, Norman Presley, and Richard Magnuson, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

September 29, 1997.

Attorney(s) appearing for the Case

Deborah R. Swank, Ben R. Swant, Jr., Niewald, Waldeck & Brown, Kansas City, for Plaintiff-Appellant.

Todd A. Johnson, Lester J. Boyle, III, Ellis & Ellis, P.C., Springfield, for Defendants-Respondents.

PREWITT, Judge.

Plaintiff alleged it had furnished certain labor and materials for which it was not paid to a subcontractor performing work on additions and alterations to a hospital operated by the Citizens Memorial Hospital District. Plaintiff sought to impose liability upon Defendants for failing to require the principal contractor to furnish a payment bond, as provided in Section 107.170, RSMo Supp.1993 (since amended, see Section 107.170, RSMo Supp.1995).

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