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LEO JOURNAGAN CONST. CO. v. CITY UTILITIES

Nos. 24768, 24772, 24787.

116 S.W.3d 711 (2003)

LEO JOURNAGAN CONSTRUCTION COMPANY, INC., Plaintiff-Appellant, v. CITY UTILITIES OF SPRINGFIELD, MISSOURI, Defendant-Respondent-Cross-Appellant.

Missouri Court of Appeals, Southern District, Division One.

October 1, 2003.

Attorney(s) appearing for the Case

Stephen R. Miller and Michael T. Metcalf, Miller Law Firm, P.C., Kansas City, MO, for Appellant.

David Frensley and Dennis Owens, Kansas City, MO, for Respondent/Cross-Appellant.

JAMES K. PREWITT, Judge.

Leo Journagan Construction Company ("JCC") sued City Utilities of Springfield, Missouri ("CU") for damages related to the construction of a pipeline. Following a four-week trial, the jury found in favor of JCC on all three counts submitted to it, including breach of contract due to interference, breach of contract for failure to pay for rock excavation, and breach of implied warranty ex contractu (Ideker claim). The trial court granted...

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