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JOHN T. JONES CONST. CO. v. HOOT GENERAL CONST.

No. 4:05-cv-00525-RAW.

543 F.Supp.2d 982 (2008)

JOHN T. JONES CONSTRUCTION CO., Plaintiff/Counterclaim Defendant, v. HOOT GENERAL CONSTRUCTION, Defendant, Des Moines Metropolitan Wastewater Reclamation Authority; and Black & Veatch Corp., Defendants/Cotinterclaimants. Hoot General Construction Company, Inc., Third-Party Plaintiff, v. Black & Veatch Corporation, Third-Party Defendant. Des Moines Metropolitan Wastewater Reclamation Authority, Cross-Claimant, v. Black & Veatch Corporation, Cross-Claim Defendant. Black & Veatch Corporation, Cross-Claimant, v. Hoot General Construction Company, Inc., Cross-Claim Defendant.

United States District Court, S.D. Iowa, Central Division.

March 6, 2008.

Attorney(s) appearing for the Case

Jeffrey Dean Stone, Stephen D. Marso, Whitfield & Eddy, PLC, West Des Moines, IA, for Plaintiff/Counterclaim Defendant.

Kevin H. Collins, Kevin J. Caster, Shuttleworth & Ingersoll, Cedar Rapids, IA, for Defendants and Third-Party Plaintiff/Cross-Claim Defendant.

James E. Brick, Brick Gentry Bowers Swartz Stoltze & Levis PC, West Des Moines, IA, for Third-Party Plaintiff, and Cross-Claim Defendant.

Debra Rectenbaugh Pettit, William J. Koehn, Davis Brown Koehn Shors & Roberts, Des Moines, IA, for Defendants/Counter-claimants and Third-Party Defendant/Cross-Claim Defendant.

Mark Godwin, Des Moines City Attorney, Susan A. Low, City of Des Moines Legal Dept., Des Moines, IA, for Defendants/Counter-claimants and Cross-Claimant.

FINDINGS OF FACT, CONCLUSIONS OF LAW, RULING ON MOTIONS FOR JUDGMENT AS A MATTER OF LAW AND ORDER FOR JUDGMENT

ROSS A. WALTERS, United States Magistrate Judge.

Plaintiff John T. Jones Construction Co. ("Jones") was the general contractor for a public improvement project at defendant Des Moines Metropolitan Wastewater Reclamation Authority's ("WRA") Wastewater Reclamation Facility ("WRF"). The project was the "WRF Combined Hauled Waste/Solids Processing Improvements...

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