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ROBERT SIMMONS CONST. CO. v. BIRMINGHAM FIRE INS. CO.

411 S.W.2d 479 (1966)

ROBERT SIMMONS CONSTRUCTION CO., Inc., Appellant, v. BIRMINGHAM FIRE INSURANCE COMPANY, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied March 10, 1967.

Attorney(s) appearing for the Case

Wilbur Fields, Louisville, for appellant.

Robert G. Breetz, Lively M. Wilson, Louisville, for appellee.

PALMORE, Chief Justice.

The appellant corporation, Robert Simmons Construction Co., Inc., was a prime contractor on a construction project. One of its subcontractors defaulted in payment of a supplier. The supplier, Powers Regulator Co., sued and obtained judgment against Simmons and its surety, National Union Fire Insurance Company, in the principal amount of $18,602 on their bond guaranteeing payment for all labor and materials furnished on the project. In Robert...

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