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CITY OF ST. JOSEPH v. SOUTHWESTERN BELL TELEPHONE

No. 05-1800.

439 F.3d 468 (2006)

CITY OF ST. JOSEPH, MISSOURI, Appellant, v. SOUTHWESTERN BELL TELEPHONE, formerly known as Southwestern Bell Telephone Company, L.P., Appellee, Olsson Associates, Inc., Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: February 24, 2006.

Attorney(s) appearing for the Case

Paul G. Schepers, argued, Kansas City, MO (Gregory S. Gerstner and James R. Lloyd II, Kansas City, on the brief), for appellant.

John Francis Medler, argued, St. Louis, MO (Spencer J. Brown and Mimi E. Doherty, Kansas City, MO, on the brief), for appellee.

Before SMITH, HEANEY, and BENTON, Circuit Judges.

SMITH, Circuit Judge.

This case stems from a road-widening and reconstruction project on Faraon Street in St. Joseph, Missouri ("the Faraon Project"). The City of St. Joseph ("the City") sued Southwestern Bell Telephone, L.P. ("SWBT"), claiming that the City incurred additional contractor costs because SWBT failed to move its underground telephone lines for the Faraon Project. SWBT moved for summary judgment on all claims and asked the district court

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