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KANSAS CITY, MO v. ACE PIPE CLEANING, INC.

No. WD 73044.

349 S.W.3d 399 (2011)

CITY OF KANSAS CITY, MISSOURI ex rel., and for the Use and Benefit of, LAFARGE NORTH AMERICA INC., and Quicksilver 2005, LLC, Appellants, v. ACE PIPE CLEANING, INC. and Travelers Casualty and Surety Company of America, Respondents.

Missouri Court of Appeals, Western District.

Application for Transfer to Supreme Court Denied August 30, 2011.

Application for Transfer Denied October 25, 2011.

Attorney(s) appearing for the Case

Jennifer A. Bierman , Robert B. Preston , St. Louis, MO, Scott R. Ast , Kansas City, MO, for appellants.

David A. Schatz , Albert S. Laferte , Derek T. Teeter , Kansas City, MO, for respondents.

Before Division Two: THOMAS H. NEWTON, Presiding Judge, VICTOR C. HOWARD, Judge and CYNTHIA L. MARTIN, Judge.

CYNTHIA L. MARTIN, Judge.

Plaintiffs/Appellants Lafarge North America Inc. and QuickSilver 2005, LLC appeal the trial court's judgment denying them the right to recover against statutory payment bonds issued to a general contractor on public works projects in the City of Kansas City. We affirm.

Factual Background

The facts of this case present a relatively straight-forward legal issue. Under Missouri's Little Miller Act, can a supplier to a sub-subcontractor...

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