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GREEN CONST. v. KANSAS POWER AND LIGHT

Civ. A. No. 87-2070-S.

759 F.Supp. 740 (1991)

GREEN CONSTRUCTION COMPANY, Plaintiff, v. The KANSAS POWER AND LIGHT COMPANY, Defendant-Counterclaimant, v. SEABOARD SURETY COMPANY and Green Holdings, Inc., Counterclaim-Defendants.

United States District Court, D. Kansas.

March 13, 1991.

Attorney(s) appearing for the Case

Frank D. Menghini, McAnany, Van Cleave & Phillips, P.A., Kansas City, Kan., Dale R. Martin, Barokas & Martin, Seattle, Wash., Patrick E. Hartigan, Hartigan & Yanda, P.C., Kansas City, Mo., for Green Const. Co.

Frank B.W. McCollum, Spencer, Fane, Britt & Browne, Kansas City, Mo., John N. Badgerow, Spencer, Fane, Britt & Browne, Overland Park, Kan., for Kansas Power and Light Co.

Stephen J. Dennis, Kristin L. Altice, Kevin E. Glynn, Niewald, Waldeck & Brown, Overland Park, Kan., John P. Ahlers, Barokas & Martin, Seattle, Wash., for Seaboard Sur. Co. and Green Holdings, Inc.

MEMORANDUM AND ORDER

SAFFELS, Senior District Judge.

This matter is before the court on two post-trial motions of the defendant and counterclaimant Kansas Power and Light Company ("KPL"). In this case, following five weeks of testimony, the jury found in favor of plaintiff Green Construction Company ("Green") on its breach of contract claim and awarded plaintiff a portion of the amount Green sought as "retainage," i.e., "$222,312.56 plus accumulated...

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