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MISSOURI BANK & TRUST CO. v. GAS-MART DEVELOPMENT CO.

No. 93,662.

35 Kan.App. 2d 291 (2006)

MISSOURI BANK & TRUST COMPANY, Appellee, v. GAS-MART DEVELOPMENT COMPANY, INC. and GAS-MART U.S.A., INC., Appellants.

Court of Appeals of Kansas.

Opinion filed March 10, 2006.

Attorney(s) appearing for the Case

S.W. Longan, III, and Patricia L. Lear-Johnson, of Longan & Associates, of Leawood, for appellants.

Thomas J. Fritzlen, Jr., of Martin, Leigh, Laws & Fritzlen, P.C., of Kansas City, for appellee.

Before ELLIOTT, P.J., GREEN and GREENE, JJ.

GREENE, J.:

Gas-Mart U.S.A., Inc. (Gas-Mart), the successor in interest and surviving corporation after its 2002 merger with Gas-Mart Development Company, Inc., appeals the district court's judgment confirming an arbitration award of $122,569.97 (after setoff) in favor of Cherry & Associates, Inc. (Cherry or contractor) and its assignee, Missouri Bank & Trust Co. (Missouri Bank), as a result of claims by and between Gas-Mart and Cherry under a construction...

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