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  5. 144 N.W.2d 263 (1966)
 

HEDBERG & SONS CO. v. NEW AMSTERDAM CAS. CO. OF N. Y.

Nos. 40107-40108.

144 N.W.2d 263 (1966)

HEDBERG & SONS CO., Appellant, v. The NEW AMSTERDAM CASUALTY COMPANY OF NEW YORK, Respondent, Ambrose J. Galvin, aka A. J. Galvin and Peter J. Kulas, co-partners dba Galvin & Kulas Cement Co., Defendants.

Supreme Court of Minnesota.

July 15, 1966.

Attorney(s) appearing for the Case

O. A. Brecke and J. Robert Nygren, Minneapolis, for appellant.

Taylor, Meany, Kennedy & O'Brien, and Elmer W. Foster, Jr., Minneapolis, for respondent.

OPINION

FRANK T. GALLAGHER, C.

This is a consolidated appeal arising out of two separate actions brought by Hedberg & Sons Co. against Galvin & Kulas Cement Co., a partnership, and A. J. Galvin, individually, both hereinafter referred to as principals, in which actions The New Amsterdam Casualty Company of New York was joined as surety defendant. Plaintiff alleged that the principals and the surety executed and delivered to the city of Minneapolis...

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