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McCARTHY BLDG. COMPANIES v. ST. LOUIS

No. ED 79794.

81 S.W.3d 139 (2002)

McCARTHY BUILDING COMPANIES, f/k/a McCarthy Brothers Company, and Interface Construction Corporation, Plaintiffs/Appellants, v. CITY OF ST. LOUIS, Missouri, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Five.

Motion for Rehearing and/or Transfer Denied June 5, 2002.

Application for Transfer Denied August 27, 2002.

Attorney(s) appearing for the Case

Richard R. Hardcastle, III, Jackson D. Glisson, III, Greensfelder, Hemker & Gale, P.C., St. Louis, MO, for appellants.

Jeffrey B. Rosen, Ashley Ratcliffe Beumer, Polsinelli, Shalton & Welte, P.C., Kansas City, MO, Edward J. Hanlon, Deputy City Counselor, St. Louis, MO, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 5, 2002.

KATHIANNE KNAUP CRANE, Judge.

This case involves a dispute over the terms of an escrow option in lieu of retainage in a construction contract. The contractors filed a lawsuit to obtain a declaratory judgment that they had a contractual right to place money or securities in escrow equal to ten percent retainage and earn interest on the funds in escrow and to obtain damages for breach...

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