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SOUTHWESTERN BELL TELEPHONE CO. v. CLARKSON CONST. CO., INC.

No. WD 41373.

782 S.W.2d 404 (1989)

SOUTHWESTERN BELL TELEPHONE COMPANY, Appellant, v. CLARKSON CONSTRUCTION COMPANY, INC., Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied January 2, 1990.

Attorney(s) appearing for the Case

T. Michael Payne, Leo E. Eickhoff, Jr., Deborah Sue Doud, Spencer J. Brown, Deacy & Deacy, Kansas City, for appellant.

Mark A. Thornhill, Spencer Fane Britt & Browne, Kansas City, for respondent.

Before BERREY, P.J., and TURNAGE and ULRICH, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 2, 1990.

TURNAGE, Judge.

Southwestern Bell Telephone filed suit against Clarkson Construction Company to recover damages for damage to underground lines. The court granted summary judgment in favor of Clarkson. Bell contends there are questions of fact to be resolved and summary judgment was inappropriate. Affirmed.

Bell's petition alleges that Clarkson was performing excavation on...

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