Law Co. v. Mohawk Constr. & Supply Co., Inc., No. 08-3076

In an action seeking a declaration that defendant was barred from collecting delay damages under the parties' construction subcontract, summary judgment for plaintiff is reversed where the district court erred by: 1) refusing to consider discovery documents produced by plaintiff in its initial disclosures; and 2) discounting two affidavits submitted by defendant without first analyzing their admissibility under the sham affidavit rule.

Read Law Co. v. Mohawk Constr. & Supply Co., Inc., No. 08-3076

Appellate Information

Filed August 17, 2009

Judges

Opinion by Judge Lucero

Counsel

For Appellant:

David E. White, Spencer Fane Britt & Browne LLP

Joshua C. Dickinson, Spencer Fane Britt & Browne LLP

For Appellee:

Ron Campbell, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS