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CARROTHERS CONST. CO., L.L.C. v. CITY OF SOUTH HUTCHINSON

No. 98,023.

207 P.3d 231 (2009)

CARROTHERS CONSTRUCTION COMPANY, L.L.C., Appellant, v. CITY OF SOUTH HUTCHINSON, Kansas, Appellee.

Supreme Court of Kansas.

May 22, 2009.

Attorney(s) appearing for the Case

Anthony M. Singer, of Woodard, Hernandez, Roth & Day, L.L.C., of Wichita, and Richard W. Miller, of Miller Law Firm, P.C., of Kansas City, Missouri, argued the cause, and Stephen R. Miller and Christine A. Louis, of the same firm, and Patrick J. Kaine, of Dysart Taylor Cotter & McMonigle, P.C., of Kansas City, Missouri, were with Richard W. Miller on the briefs for appellant.

Michael J. Norton, of Foulston Siefkin LLP, of Wichita, argued the cause, and James D. Oliver, of the same firm, was with him on the briefs for appellee.

The opinion of the court was delivered by BILES, J.:

This is an appeal from a district court's decision on cross-motions for summary judgment in a contract case. The district court awarded liquidated damages against a construction company for failure to timely complete a municipal wastewater treatment facility. The issue is the extent to which liquidated damages are enforceable under the parties' contract. The Court of Appeals affirmed the district court. This court...

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