United States Eighth Circuit

Summary judgment for defendant-phone company in a suit brought by a municipality claiming contractor costs as a result of defendant's failure to relocate certain telephone lines in a construction project is affirmed where the district court did not abuse its discretion in striking an affidavit from the record, and summary judgment was properly granted on claims of promissory estoppel and negligent misrepresentation.

Appellate Information

• Decided 02/24/2006
• Published 02/24/2006

Judges

• SMITH, Circuit Judge., Before SMITH, HEANEY, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Paul G. Schepers, argued, Kansas City, MO (Gregory S. Gerstner and James R. Lloyd II, Kansas City, on the brief), for appellant.


• For Appellees:
  
• John Francis Medler, argued, St. Louis, MO (Spencer J. Brown and Mimi E. Doherty, Kansas City, MO, on the brief), for appellee.