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CITY OF FORT LAUDERDALE v. HARDRIVES COMPANY

No. 4362.

167 So.2d 339 (1964)

CITY OF FORT LAUDERDALE, a duly organized municipal corporation existing under the laws of the State of Florida, ex rel. BOND PLUMBING SUPPLY, INC., a Florida corporation, Appellant, v. HARDRIVES COMPANY a Florida Corporation and Continental Casualty Company, a corporation, Appellees.

District Court of Appeal of Florida. Second District.

September 18, 1964.

Attorney(s) appearing for the Case

Donald Lunny, of Sutton, James & Singer, Fort Lauderdale, for appellant.

Kenneth Stevens, of Dale & Stevens, Fort Lauderdale, for appellees.

ANDREWS, Judge.

This is an appeal from a judgment holding that a materialman supplying materials to a sub-subcontractor is not entitled to recover under the contractor's bond on a public works project.

The City of Fort Lauderdale entered into a contract for certain municipal improvements with Hardrives Company, a Florida corporation. Hardrives supplied a bond executed by Continental Casualty Company as surety under the provisions of § 255.05, F.S.A. The...

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