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NATIONAL SUR. CORP. v. STANDARD CONCRETE P. SALES CO.

No. 14056.

366 S.W.2d 103 (1963)

NATIONAL SURETY CORPORATION, Appellant, v. STANDARD CONCRETE PIPE SALES COMPANY, Appellee.

Court of Civil Appeals of Texas, Houston.

On Rehearing March 14, 1963.

Attorney(s) appearing for the Case

Russell Talbott, St. John Garwood, Jr., Houston, Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, of counsel, for appellant.

Carlton Wilde, Houston, Bracewell, Reynolds & Patterson, Houston, of counsel, for appellee.

COLEMAN, Justice.

This is an appeal from a summary judgment in favor of a materialman, and against a general contractor and the surety on a payment bond executed in compliance with Art. 5160, R.C.S. Included in the judgment was an order severing appellee's claim for attorney's fee under Art. 2226, R.C.S.

Appellant specifically excepted to the action of the trial court in granting the severance, and on this appeal presents a point that this action of the trial...

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