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NATIONAL SURETY CORP. v. FRIENDSWOOD IND. SCHOOL DIST.

No. B-776.

433 S.W.2d 690 (1968)

NATIONAL SURETY CORPORATION, Petitioner, v. FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT, Respondent.

Supreme Court of Texas.

October 30, 1968.

Attorney(s) appearing for the Case

Fulbright, Crooker, Freeman, Bates & Jaworski, W. St. John Garwood, Jr., Houston, for petitioner.

Reynolds, White, Allen & Cook, Grant Cook, Houston, for respondent.

The opinion of the Court delivered July 17, 1968, is withdrawn and the following is substituted therefor:

STEAKLEY, Justice.

The Friendswood Independent School District, Respondent here and defendant below, contracts with I. W. Powers on March 10, 1962, for the construction of certain school facilities for a contract price of $309,033.02, funded by an authorized bond issue of $375,000. On March 13, 1962, National Surety Corporation, Petitioner here and plaintiff...

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