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  5. 267 Cal.App.2d 931 (1968)
 

ST. PAUL FIRE & MARINE v. JAMES I. BARNES CONSTR.

Docket No. 25051.

267 Cal.App.2d 931 (1968)

73 Cal. Rptr. 618

ST. PAUL FIRE & MARINE INSURANCE COMPANY, Plaintiff and Appellant, v. JAMES I. BARNES CONSTRUCTION CO. et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

December 9, 1968.

Attorney(s) appearing for the Case

Bohnert, Flowers & McCarthy and Arthur M. Bohnert, Jr., for Plaintiff and Appellant.

Wallace & Wallace and A.W. Wallace for Defendants and Respondents.

BROWN (H.C.), J.

This is the second appeal in this case. The original complaint was filed by St. Paul Fire & Marine Insurance Company (St. Paul) on November 27, 1959 alleging that James I. Barnes Construction Co. (Barnes), after notice, had improperly paid money to Stewart & Nuss, Inc. (Stewart) that was due it under an assignment from Stewart. The trial court decided in favor of St. Paul in the amount of $37,964.10 and the Court of Appeal affirmed the decision...

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