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STATE v. H & K CONSTRUCTION COMPANY

No. 8120.

274 P.2d 1002 (1954)

The STATE of Idaho, ex rel. MODERN MOTOR COMPANY, Inc., an Idaho corporation, Plaintiff-Respondent, v. H & K CONSTRUCTION COMPANY, Inc., an Idaho corporation; The Fidelity and Casualty Company of New York, a New York corporation; Blue Bell Oil Company, Blackfoot, Idaho; Earl Rice; Grant Oldham, doing business as O K Rubber Welders; Walker, Jensen & Herbst; L. G. Helgerson; and Herbert Eilmes, Defendants-Appellants.

Supreme Court of Idaho.

October 7, 1954.

Attorney(s) appearing for the Case

Zener & Peterson, Pocatello, for appellants.

H. Wm. Furchner, Blackfoot, for respondent.

GIVENS, Justice.

The H & K Construction Company, an Idaho corporation, contracted with the State of Idaho, through its Highway Commissioners, to construct 11.172 miles of the Lost River Highway between Arco and Big Lost River in Butte County, being Federal Aid Project No. F-1381(1), Contract No. 1489, and as principal, executed with the Fidelity and Casualty Company of New York as surety, a bond for $368,464.90 securing payments for labor, materials and supplies...

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