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IRELAND'S LUMBER YARD v. PROGRESSIVE CONTRACTORS

No. 8048.

122 N.W.2d 554 (1963)

IRELAND'S LUMBER YARD, a foreign corporation, Plaintiff and Respondent, v. PROGRESSIVE CONTRACTORS, INC., a foreign corporation, Defendant, and Continental Casualty Company, a foreign corporation, Fidelity and Casualty Company of New York, a foreign corporation, Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied July 26, 1963.

Attorney(s) appearing for the Case

Degnan, Hager, McElroy & Lamb, Grand Forks, for defendants and appellants.

Letnes & Hansen, Grand Forks, for plaintiff and respondent.

TEIGEN, Judge.

Plaintiff, Ireland's Lumber Yard, Inc., a materialman, instituted this suit against the prime contractor, Progressive Contractors, Inc., and its two payment and performance bond sureties for materials furnished. The bonds were executed to secure payment for all labor and materials furnished in the prosecution of the work covered by the principal contract calling for the construction of 744 housing units for military personnel at the United States Air...

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