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TOM P. McDERMOTT, INC. v. BENNETT

No. 40023.

395 P.2d 566 (1964)

TOM P. McDERMOTT, INC., a corporation, Plaintiff in Error, v. Art BENNETT, d/b/a Art Bennett & Sons, Earthmovers, Inc., a corporation and Mid-Continent Casualty Company, a corporation, Defendants in Error.

Supreme Court of Oklahoma.

September 22, 1964.

Attorney(s) appearing for the Case

Clarence A. Warren, Tulsa, for plaintiff in error.

Boesche, McDermott & Eskridge, Tulsa, for defendants in error.

BERRY, Justice.

The question presented by this appeal is whether a payment bond regularly issued by the defendant bonding company, the terms of which assures the principal's payment "* * * to all persons supplying labor and material in the prosecution of the work" performed under the particular construction contract for which issued, was intended to cover suppliers who furnished...

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