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MECO SYSTEMS, INC. v. DANCING BEAR ENTERTAINMENT

No. 21209.

948 S.W.2d 185 (1997)

MECO SYSTEMS, INC., Plaintiff-Respondent, Artisan Construction Services, Inc., Plaintiff, v. DANCING BEAR ENTERTAINMENT, INC., Defendant-Appellant, Marshall-Waters-Woody, Inc., Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

June 25, 1997.

Attorney(s) appearing for the Case

Kendall R. McPhail, Lowther, Johnson, Joyner, Lowther, Cully & Housley, L.L.C., Springfield, for appellant.

John R. Lewis, Timothy J. Harris, Lewis & Moon, Springfield, for respondent MECO.

John R. Lightner, Baird, Lightner & Millsap, P.C., Springfield, for respondent Marshall-Waters-Woody.

SHRUM, Judge.

This case involves a construction contract whereby MECO Systems, Inc. (Contractor) agreed to build a theater for Dancing Bear Entertainment, Inc. (Owner). The trial court entered summary judgment denying Owner's claim against Contractor for liquidated damages. Owner claimed entitlement to liquidated damages as Contractor failed to complete the work within the time set by their contract. In a separate summary...

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