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ELK RIVER CONCRETE PRODUCTS CO. v. AMERICAN CAS. CO. OF READING

Nos. 38,484, 38,485, 38,486.

262 Minn. 310 (1962)

114 N.W. (2d) 655

ELK RIVER CONCRETE PRODUCTS COMPANY v. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA. STA-VIS OIL COMPANY v. SAME. NORTHFIELD IRON & CULVERT COMPANY v. SAME.

Supreme Court of Minnesota.

April 6, 1962.

Attorney(s) appearing for the Case

Guesmer, Carson, MacGregor, Clifford & Pratt, for appellant.

Thomas, King, Daubney, Swenson & Collatz, for respondents Sta-Vis Oil Company and Northfield Iron & Culvert Company.

Dorsey, Owen, Barber, Marquart & Windhorst, for respondent Elk River Concrete Products Company.

Frank Hammond and Briggs & Morgan, for Raymond Fischer, amicus curiae and third-party defendant below.

THOMAS GALLAGHER, JUSTICE.

Plaintiffs, Elk River Concrete Products Company, Sta-Vis Oil Company, and Northfield Iron & Culvert Company, all corporations, are claimants under separate public contractor's bonds executed by defendant, American Casualty Company of Reading, Pennsylvania, a corporation, as surety, for and on behalf of H.J. Fredrickson, contractor in three separate highway contracts with the Department of Highways of the State of Minnesota, for unpaid...

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