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KIMBERLING CITY v. LEO JOURNAGAN CONST. CO. INC.

No. SD 30611.

337 S.W.3d 48 (2011)

CITY OF KIMBERLING CITY, A Municipal Corporation, Plaintiff-Appellant, v. LEO JOURNAGAN CONSTRUCTION COMPANY, INC., Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied March 8, 2011.

Application for Transfer Denied May 31, 2011.

Attorney(s) appearing for the Case

Richard L. Rollings, Jr. , Camdenton, Jason Shaffer, Springfield, for Appellant.

Stephen R. Miller , Matthew W. Lytle , Kansas City, for Respondent.

NANCY STEFFEN RAHMEYER, Presiding Judge.

City of Kimberling City ("the City") and Leo Journagan Construction Company, Inc. ("Journagan") entered into an agreement for the construction of a sanitary sewer system ("Journagan Contract"); the City also entered into a contract with E.T. Archer Corporation ("Archer") to provide professional engineering services with regard to the system for the City ("Archer Contract"). The City brought suit against Journagan for breach...

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