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UNITED BENEFIT F. INS. CO. v. METROPOLITAN PLUMBING CO.

No. 5563.

363 S.W.2d 843 (1962)

UNITED BENEFIT FIRE INSURANCE COMPANY, Appellant, v. METROPOLITAN PLUMBING COMPANY, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied January 23, 1963.

Attorney(s) appearing for the Case

Clinton & Shelton, Lubbock, for appellant.

Peticolas & Stephens, Wayne Windle, El Paso, for appellee.

LANGDON, Chief Justice.

Appellee, Metropolitan Plumbing Company, was a subcontractor in the construction of an addition to the Cooley Elementary School for the El Paso Independent School District, El Paso County, Texas. The prime contractor in such work, D. W. Austin, d/b/a Austin Construction Company, became bankrupt while owing appellee a balance of $3,579.40 for labor and materials furnished the school job under the terms of a lump-sum contract. Appellee sued the...

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