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RAND CONST. CO. v. DEARBORN MID-WEST CONVEYOR CO.

Case No. 11-2479-JTM.

944 F.Supp.2d 1042 (2013)

RAND CONSTRUCTION COMPANY, Plaintiff, v. DEARBORN MID-WEST CONVEYOR CO., Defendant. and Arch Environmental Equipment, Inc., Third-Party Defendant.

United States District Court, D. Kansas.

May 6, 2013.

Attorney(s) appearing for the Case

Eric T. Swanson, Theresa Shean Hall, Manz Swanson & Mulhern PC, Kansas City, MO, for Plaintiff.

Greg T. Spies, Thomas R. Buchanan McDowell, Rice, Smith & Buchanan, PC, Kansas City, MO, for Defendant.

Robert W. Goff, Denton & Keuler LLP, Paducah, KY, Stephen Owen Griffin, Moore Brower Griffin, PC, Kansas City, MO, for Third-Party Defendant.

MEMORANDUM AND ORDER

J. THOMAS MARTEN, District Judge.

This case arises from an Air Force project for the construction of an automated coal-fueled power plant in Alaska. After installation of a new conveyor system was delayed, the Air Force assessed liquidated damages against the General Contractor. The parties to the present action are subordinate contractors who dispute among themselves where the ultimate responsibility for those damages, and the underlying...

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