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WEITZ CO. LLC v. MacKENZIE HOUSE, LLC

No. 10-3713.

665 F.3d 970 (2012)

The WEITZ COMPANY LLC, Appellant, v. MacKENZIE HOUSE, LLC; MH Metropolitan, LLC; Arrowhead Contracting, Inc.; Concorde Construction Co., Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 5, 2012.

Attorney(s) appearing for the Case

Andrew M. DeMarea , argued, Overland Park, KS, William E. Quirk , Heber O. Gonzalez , on the brief, Kansas City, MO, for Appellant.

Robin K. Carlson , argued, Michael E. Callahan , on the brief, Kansas City, MO, for Arrowhead Contracting.

James Scott Kreamer , argued, Dylan L. Murray , on the brief, Kansas City, MO, for MacKenzie House and MH Metropolitan.

Barry L. Pickens , on the brief, Kansas City, MO, for Concorde Construction Co., Inc.

Before MELLOY, SMITH, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

The Weitz Company, LLC sued MacKenzie House, LLC and MH Metropolitan, LLC for breach of a construction contract. Arrowhead Contracting, Inc. and Concorde Co., Inc. are third-party defendants. MH Metropolitan counterclaimed for breach of the same contract, seeking liquidated damages and the cost to complete the project. Arrowhead also counterclaimed. The jury returned a verdict of $4,991,970.87 for MH Metropolitan, of $556,110 for Arrowhead,...

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