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RHODES ENGINEERING v. PUBLIC WATER SUPPLY

No. WD 61821.

128 S.W.3d 550 (2004)

RHODES ENGINEERING COMPANY, INC., Appellant, v. PUBLIC WATER SUPPLY DISTRICT NO. 1 OF HOLT COUNTY, Rick Bottoms, Wayne E. Kurtz, Maurice E. Atkins, John Dudeck, Max Kurtz, John T. Conway, James W. Farley and Bartlett & West Engineers, Inc., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 2, 2004.

Application for Transfer Denied March 30, 2004.

Attorney(s) appearing for the Case

David M. Duree, St. Louis, MO, for Appellant.

Charles R. Hay, David P. O'Neal, Harold S. Youngentob, Topeka, KS, Zel M. Fischer, Rock Port, MO, for Respondents Bartlett & West Engineers, Inc., and John T. Conway.

R.A. Brown, Jr., St. Joseph, MO, for Respondent James W. Farley.

R. Dan Boulware, Sharon Kennedy, St. Joseph, MO, for Respondents Public Water Supply District No. 1 of Holt County, Rick Bottoms, Wayne E. Kurtz, Maurice E. Atkins, John Dudeck, and Max Kurtz.

Before: ULRICH, P.J., and HOWARD and NEWTON, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 2, 2004.

VICTOR C. HOWARD, Judge.

Plaintiff, an engineering firm, sought to enforce a contract with the Holt County Public Water Supply District No. 1 (the "Water District"), under which Plaintiff was to provide engineering services for the construction of a water supply system in Holt County, Missouri. Plaintiff was compensated for the preliminary work it performed on the project under an...

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