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LEATHERBY INS. CO. v. CITY OF TUSTIN

Docket No. 17801.

76 Cal.App.3d 678 (1977)

143 Cal. Rptr. 153

LEATHERBY INSURANCE COMPANY, Plaintiff, Cross-defendant and Appellant, v. CITY OF TUSTIN, Defendant, Cross-complainant and Respondent.

Court of Appeals of California, Fourth District, Division Two.

December 20, 1977.

Attorney(s) appearing for the Case

COUNSEL

Anderson, McPharlin & Conners and Eric Winter for Plaintiff, Cross-defendant and Appellant.

James G. Rourke, City Attorney, and Alan R. Burns, Deputy City Attorney and Rourke & Woodruff, for Defendant, Cross-complainant and Respondent.

OPINION

McDANIEL, J.

The controversy here before us is between a bonding company and the City of Tustin over $2,166.42 plus costs of $13 and attorneys' fees awarded to Tustin on its cross-complaint. At issue essentially is the difference between a contract of indemnity and one of surety. In our view the trial court erred in opting to treat the contract involved as one of indemnity. The judgment will be modified therefore to reflect...

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