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TRINITY UNIV. INS. CO. v. TOWN OF SPEEDWAY

No. 19,974.

137 Ind. App. 510 (1965)

210 N.E.2d 95

TRINITY UNIVERSAL INSURANCE COMPANY ET AL. v. TOWN OF SPEEDWAY ET AL.

Court of Appeals of Indiana.

Filed September 14, 1965.

Attorney(s) appearing for the Case

Erle A. Kightlinger and Howard J. DeTrude, Jr., of Indianapolis, for appellant, Allied Paving. Corp.

Hugh E. Reynolds, and Locke, Reynolds, Boyd & Weisell, of Indianapolis, for appellant, Trinity Universal Insurance Company.

Henry Ryder, Herbert J. Backer, Ruckelshaus, Bobbitt & O'Conner, Dann, Backer & Pecar, and Roberts & Ryder, all of Indianapolis, for appellees.

SMITH, J.

This action was brought by the appellees against the appellants to recover damages on a maintenance bond for the construction of sewers and streets and for the alleged breach of a maintenance contract on the part of the appellant Allied Paving Corp.

The appellees' complaint contained two paragraphs, the first was filed against both the Trinity Universal Insurance Company and the Allied Paving Corp. alleging therein that the appellee, Phillip Development...

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