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CONTINENTAL CASUALTY CO. v. HARTFORD ACC. & INDEM. CO.

Docket No. 11110.

243 Cal.App.2d 565 (1966)

52 Cal. Rptr. 533

CONTINENTAL CASUALTY COMPANY et al., Plaintiffs and Appellants, v. HARTFORD ACCIDENT & INDEMNITY COMPANY, Defendant and Respondent.

Court of Appeals of California, Third District.

July 21, 1966.

Attorney(s) appearing for the Case

Rich, Fuidge, Dawson, Marsh, Tweedy & Morris and Thomas Marsh for Plaintiffs and Appellants.

Blade & Farmer and Robert V. Blade for Defendant and Respondent.

REGAN, J.

The question of law presented is whether the surety of a subcontractor is liable on its bond to the general contractor's surety (plaintiffs herein) for unpaid bills for construction materials used in a project built pursuant to the federal Capehart Act where the subcontractor failed to pay for such materials.

A judgment of dismissal was entered following the sustaining of defendant's general demurrer...

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