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KINETIC ENERGY v. TRIGEN ENERGY CORP.

No. WD 54751.

22 S.W.3d 691 (1999)

KINETIC ENERGY DEVELOPMENT CORP., Appellant, v. TRIGEN ENERGY CORPORATION, Respondent.

Missouri Court of Appeals, Western District.

Rehearing Granted February 25, 1999.

Decided September 7, 1999.

Motion for Rehearing and/or Transfer Denied November 2, 1999.

Attorney(s) appearing for the Case

Phillip Sanford Smith, Kansas City, for appellant.

Byron J. Beck, Kansas City, for respondent.

Before SMART, P.J., ELLIS and HOWARD, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 2, 1999.

JAMES M. SMART, Jr., Judge.

Kinetic Energy Development Corp. ("Kinetic") brought an action in quantum meruit against Trigen Energy Corporation ("Trigen") and obtained a jury verdict in the amount of $4,271,000.00. After trial, the circuit court granted Trigen's motion for judgment notwithstanding the verdict ("JNOV") or, in the alternative, for new trial. Kinetic appealed, claiming...

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