Levine, J., delivered the opinion of the Court. Murphy, C. J., and Singley and Smith, JJ., dissent and Murphy, C. J., filed a dissenting opinion in which Singley and Smith, JJ., concur at page 331 infra. This appeal by The Kasten Construction Company, Inc. (Kasten) is from a judgment for costs entered in favor of Rod Enterprises, Inc. (Rod) by the Circuit…
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