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COLORADO BUILDERS' SUPPLY CO. v. NATIONAL FIRE INS. CO.

No. 3541

423 P.2d 79 (1967)

The COLORADO BUILDERS' SUPPLY CO., a corporation, Appellant (Plaintiff below), v. NATIONAL FIRE INSURANCE COMPANY, a corporation, Appellee (Defendant below).

Supreme Court of Wyoming.

February 1, 1967.

Attorney(s) appearing for the Case

B.J. Baker, of Brown, Drew, Apostolos, Barton & Massey, Casper, for appellant.

James L. Applegate of Hirst, Applegate & Thomas, Cheyenne, for appellee.

Before PARKER, C.J., and HARNSBERGER, GRAY and McINTYRE, JJ.

Mr. Justice McINTYRE delivered the opinion of the court.

The Colorado Builders' Supply Co., claiming to have furnished materials for highway contractor Donald J. Kelley, in connection with a road contract at Lucerne, Wyoming, brought suit against Kelley and his bonding company, National Union Fire Insurance Company, for an unpaid bill. Kelley, being a nonresident of Wyoming, was not served with process and suit proceeded against the bonding company only.

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