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ROBERT SIMMONS CONST. CO. v. POWERS REGULATOR CO.

390 S.W.2d 901 (1965)

ROBERT SIMMONS CONSTRUCTION COMPANY et al., Appellants, v. The POWERS REGULATOR COMPANY, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing June 4, 1965.

Attorney(s) appearing for the Case

Thomas W. Burks, Alexander G. Booth, J. Leonard Walker, Booth, Walker & Allen, Louisville, for appellants.

Samuel Steinfeld, Marvin M. Sotsky, Steinfeld & Steinfeld, Louisville, for appellee.

PALMORE, Judge.

The appellant Simmons was a prime contractor in the construction of Franklin County High School. The appellant National Union is the surety on Simmons's bond to the Franklin County Fiscal Court guaranteeing payment for all labor and materials furnished on the project. Powers, the appellee, supplied to one of Simmons's subcontractors labor and materials for which it has an unpaid bill of $18,602. Simmons and National Union appeal from a summary judgment...

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