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WILLIAM A. SMITH CONTRACTING CO. v. MISSOURI PAC. R. CO.

No. 25645.

481 S.W.2d 580 (1972)

WILLIAM A. SMITH CONTRACTING COMPANY, Inc., Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied May 11, 1972.

Application to Transfer Denied July 17, 1972.

Attorney(s) appearing for the Case

Kenneth O. Smith, and Douglas H. Delsemme, Kansas City (Knipmeyer, McCann & Millett, Kansas City, of counsel), for appellant.

B. Kent Snapp, Hilary A. Bush, and James L. Burgess, Kansas City (Johnson, Lucas Bush & Snapp, Kansas City, of counsel), for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 11, 1972.

PER CURIAM:

About July 2, 1966, plaintiff made a contract with defendant that plaintiff would construct main and auxiliary tracks and appurtenances and to rehabilitate the former Southern branch line between Marlin and Waco, Texas, all owned by defendant. In the contract defendant agreed to transport plaintiff's contractor's equipment to...

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