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MECO SYSTEMS v. DANCING BEAR ENT.

No. 23093.

42 S.W.3d 794 (2001)

MECO SYSTEMS, INC., Plaintiff-Appellant, and Artisan Construction Services, Inc., Intervenor Plaintiff-Cross-Claimant-Respondent, v. DANCING BEAR ENTERTAINMENT, INC., Defendant, Empire Bank, Defendant-Respondent, and William A.R. Dalton, Trustee for Empire Bank, Defendant-Respondent, and Delvan Mitchell Ceiling Company, John O'Neal d/b/a John O'Neal Sheet Metal, Table Rock Asphalt, and William J. Zickel, Intervenors-Respondents, and Ronald C. Middleton, et al., Defendants.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing and Transfer Denied March 22, 2001.

Application to Transfer Denied April 24, 2001.

Attorney(s) appearing for the Case

Lincoln J. Knauer and Lee J. Viorel, Springfield, for Appellant.

Joseph A. Bohrer, Springfield, for Respondent Artisan Construction Services, Inc.

Lynn C. Rodgers, Springfield, for Respondents Empire Bank and Trustee.

Douglas S. Evans and Robert G. Asperger, II, Springfield, for Respondents Delvan Mitchell and William J. Zickel Company.

Christopher J. Stark, Springfield, for Respondent John O'Neal.

Richard L. Schnake, Springfield, and David L. Smith, Branson, for Table Rock Asphalt, Inc.

SHRUM, Judge.

This appeal arises from a mechanic's lien case and suit for damages by MECO Systems, Inc. ("MECO") against Dancing Bear Entertainment, Inc. ("DBE"), owner of the Charley Pride Theater at Branson, Missouri. In a counterclaim, DBE sought liquidated damages per a contract clause because of MECO's alleged failure to timely complete construction. Other parties to this case who have filed briefs with this court are...

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