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STANDARD CONCRETE P. S. CORP. v. ED JOHANSSON CONST. CO.

No. 4271.

382 S.W.2d 754 (1964)

STANDARD CONCRETE PIPE SALES CORPORATION et al., Appellants, v. ED JOHNSON CONSTRUCTION COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied October 15, 1964.

Attorney(s) appearing for the Case

Herbert Finkelstein, Houston, for appellants.

McLeod, Mills, Shirley & Alexander, Armstrong, Bedford & Lambdin, Galveston, for appellees.

WILSON, Justice.

A supplier of material, appellant, sued a public works contractor to whom it had furnished material, and the surety on the contractor's payment bond. Appellant recovered against the contractor, but judgment was rendered that it take nothing against the surety. We affirm.

Appellants' single point is that Acts 56th Legislature, R.S.1959, Ch. 93, p. 155, is unconstitutional "because it violates Article 3, Sec. 35 of the Constitution of Texas...

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