KANSAS CITY N.O. NELSON CO. v. MID-WESTERN CONSTRUCTION CO. OF MO., INC.

No. WD 41570.

782 S.W.2d 672 (1989)

KANSAS CITY N.O. NELSON CO., Appellant, v. MID-WESTERN CONSTRUCTION COMPANY OF MO., INC., and The Western Casualty and Surety Company, Respondents.

Missouri Court of Appeals, Western District.

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

Application to Transfer Denied February 13, 1990.


Attorney(s) appearing for the Case

Robert O. Jester, Duane E. Butler of Ensz and Jester, Kansas City, for appellant.

Stephen B. Sutton and Mark E. Kelly of Gage & Tucker, Kansas City, for respondents.

Before MANFORD, P.J., and SHANGLER and CLARK, JJ.


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

MANFORD, Presiding Judge.

This is a suit for the cost of plumbing materials supplied by appellant, Kansas City N.O. Nelson Co., to a United States Department of the Army, Corps of Engineers project at the Harry S. Truman Dam and Reservoir in Missouri.

The general contractor on the project was C.L. Fairley Company (Fairley). Fairley subcontracted with respondent, Mid-Western...

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