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WELLS-STEWART CONST. CO. v. MARTIN MARIETTA CORP.

No. 8594.

103 Ariz. 375 (1968)

442 P.2d 119

WELLS-STEWART CONSTRUCTION CO., Inc., a Nevada corporation; and the Travelers Indemnity Company, a Connecticut corporation, Appellants, v. MARTIN MARIETTA CORPORATION, a Maryland corporation; and the State of Arizona, for the use of Martin Marietta Corporation, Appellees.

Supreme Court of Arizona, In Division.

Rehearing Denied September 24, 1968.

Attorney(s) appearing for the Case

Fennemore, Craig, Allen & McClennen, by Calvin H. Udall, Phoenix, for appellants.

Dushoff, Sacks & Corcoran by Seymour Sacks, Phoenix, for appellees.

McFARLAND, Chief Justice:

Defendant-appellant Wells-Stewart Construction Co., Inc., hereinafter referred to as Wells, contracted with the State of Arizona to construct certain federal-aid highway projects near Navajo, Arizona. In order for a bid to be considered it had to be accompanied by a performance bond prepared by the Arizona Highway Commission, hereinafter referred to as the Commission. The projects included the installation of guard-rails on certain curves...

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