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BRANSON WEST, INC. v. CITY OF BRANSON

No. 22402.

980 S.W.2d 604 (1998)

BRANSON WEST, INC., a Missouri corporation, Appellant, v. CITY OF BRANSON, MISSOURI, and Beemer Construction Company, Inc., a Missouri corporation, Respondents.

Missouri Court of Appeals, Southern District, Division One.

December 14, 1998.

Attorney(s) appearing for the Case

Lynn E. Heitman, Springfield, for appellant.

Robert B. Best, Jr., Stuart K. Shaw, Armstrong, Teasdale, Schlafly & Davis, Kansas City, for respondent City of Branson.

William C. Love, Aaron P. Lyons, Harrison, Tucker & Hyde, Springfield, for respondent Beemer Construction Company, Inc.

CROW, Judge.

Plaintiff, Branson West, Inc., a Missouri corporation, sued the City of Branson ("City") and Beemer Construction Company, Inc. ("Beemer"). This opinion henceforth refers to City and Beemer collectively as "Defendants."

Plaintiff's petition pled, inter alia, that Plaintiff granted City a "sanitary sewer easement" across land owned by Plaintiff, that City employed Beemer "as contractor on the sewer project," that Defendants exceeded the scope...

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