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DAMON PURSELL CONST. v. MHTC

No. WD 64232.

192 S.W.3d 461 (2006)

DAMON PURSELL CONSTRUCTION COMPANY, Respondent, v. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 30, 2006.

As Modified May 30, 2006.

Attorney(s) appearing for the Case

Zachary T. Cartwright, Jr., Jefferson City, MO, for appellant.

Richard W. Miller, Kansas City, MO, for respondent.

Before HARDWICK, P.J., BRECKENRIDGE and SPINDEN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 30, 2006.

PATRICIA BRECKENRIDGE, Judge.

The Missouri Highway and Transportation Commission (MHTC) appeals the decision of the trial court granting Damon Pursell Construction Company a new trial based on newly discovered evidence. On appeal, MHTC claims the trial court erred in granting Damon Pursell's request for a new trial because the evidence was...

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