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ED STEARMAN & SONS, INC. v. STATE

No. 1 CA-CIV 5.

1 Ariz. App. 192 (1965)

400 P.2d 863

ED STEARMAN & SONS, INC., T.M.K. Construction Company and the Fidelity & Casualty Company of New York, Appellants, v. STATE of Arizona ex rel. UNION ROCK & MATERIALS CO., Appellees.

Court of Appeals of Arizona.

Rehearing Denied May 18, 1965.

Review Denied June 15, 1965.

Attorney(s) appearing for the Case

McKesson, Renaud & Cook, Phoenix, for appellants.

Shimmel, Hill, Kleindienst & Bishop, Phoenix, for appellees.

MELVYN T. SHELLEY, Superior Court Judge.

Appellant T.M.K. Construction Company, an Arizona corporation, hereinafter referred to as "T.M.K.", was awarded by the State of Arizona a contract to construct a portion of a highway project. T.M.K. subcontracted certain structural excavation, concrete and reinforcing steel work to defendant Ed Stearman & Sons, Inc., hereinafter referred to as "Stearman", and Stearman was supplied certain material by and rented certain...

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