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MISSOURI VALLEY STEEL CO. v. NEW AMSTERDAM CAS. CO.

No. 39987.

148 N.W.2d 126 (1966)

MISSOURI VALLEY STEEL CO., Respondent, v. NEW AMSTERDAM CASUALTY CO., and Lundquist Constructors, Inc., Appellants.

Supreme Court of Minnesota.

December 30, 1966.

Attorney(s) appearing for the Case

Cant, Haverstock, Beardsley, Gray & Plant and Charles K. Dayton, Minneapolis, for appellants.

Dougherty, Flynn & Scott, Fairmont, Swarr, May, Royce, Smith, Anderson & Ross, and Robert H. Berkshire, Omaha, Neb., for respondent.

OPINION

THOMAS GALLAGHER, Justice.

Action by Missouri Valley Steel Company to recover $15,000 for steel sold to Lundquist Constructors, Inc., a Minnesota corporation. Included as a defendant in the action is New Amsterdam Casualty Company, a corporate surety on a public contractor's bond furnished by Lundquist Constructors, Inc., on a contract for the construction of a water-treatment plant for the city of Fairmont. It is the contention

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