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MISSOURI DEPT. OF TRANSP. v. AURA CONTRG.

No. ED 98458.

391 S.W.3d 11 (2012)

MISSOURI DEPARTMENT OF TRANSPORTATION ex rel. ON POINT CONTRACTORS, LLC, Plaintiff/Appellant, v. AURA CONTRACTING, LLC, Western Surety Company and Missouri Highways and Transportation Commission, Defendants/Respondents.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 7, 2013.

Application for Transfer to Supreme Court Denied February 26, 2013.

Attorney(s) appearing for the Case

Matthew D. Menghini , Chesterfield, MO, for Plaintiff/Appellant.

Robert A. Babcock , Robert F. Chandler , St. Louis, MO, for Defendants/Respondents, Aura Contracting, LLC and Western Surety Company.

John W. Koenig, Jr. , Sikeston, MO, for Defendant/Respondent, Missouri Highways and Transportation Commission.

SHERRI B. SULLIVAN, J.

Introduction

On Point Contractors, LLC (Appellant) appeals from the judgment of the trial court granting Western Surety Company's (Western Surety) motion for summary judgment on Counts III and IV of Appellant's petition which asserted a statutory payment bond claim based upon Sections 107.1701 and 522.300 and a claim of vexatious refusal to pay, respectively, and Missouri Highways and Transportation...

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