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GRAHAM v. SAN ANTONIO MACHINE AND SUPPLY CORP.

No. 14539.

418 S.W.2d 303 (1967)

H. Gillis GRAHAM, d/b/a Graham Construction Company et al., Appellants, v. SAN ANTONIO MACHINE AND SUPPLY CORPORATION, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied September 13, 1967.

Attorney(s) appearing for the Case

Wiley & Thornton, Dayton G. Wiley, Lewin Plunkett, San Antonio, Charles C. Smith, Cameron, for appellants.

Lloyd, Lloyd, Dean & Ellzey, Alice, McGown, McClanahan & Hamner, San Antonio, for appellee.

CADENA, Justice.

This is an appeal from a judgment in favor of a subcontractor and the subcontractor's materialman against a prime contractor on a public construction project and his surety on a payment bond executed in conformity with the provisions of the McGregor Act, Article 5160, Vernon's Ann. Civ.St. (1962).

Appellant, H. Gillis Graham, d/b/a Graham Construction Company, herein called "Graham," was the prime...

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