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  5. 948 S.W.2d 631 (1997)
 

MASSMAN CONST. v. HIGHWAY AND TRANSP.

No. WD 52854.

948 S.W.2d 631 (1997)

MASSMAN CONSTRUCTION COMPANY, Respondent, v. MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 27, 1997.

Application to Transfer Denied August 19, 1997.

Attorney(s) appearing for the Case

John Koenig, Jr., Sikeston, for appellant.

Stephen Miller, Kansas City, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 27, 1997.

SPINDEN, Judge.

After two jury trials, two appeals and a couple of remands, the courts still have not resolved the Missouri Highway and Transportation Commission's and Massman Construction Company's dispute over the amount of damages due to Massman for a breach of warranty ex contractu. The last jury to consider the case awarded $250,000 to Massman, but the circuit court granted...

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