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BOGNER-SEITEL LUMBER CO. v. INS. CO. OF NORTH AM.

31 A.D.2d 575 (1968)

Bogner-Seitel Lumber Co., Respondent, v. Insurance Company of North America, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 14, 1968

Per Curiam.

Plaintiff sues upon the bond, asserting that it is a protected "claimant" thereunder within the definition of claimant contained in the bond as "one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract"; the complaint and the moving affidavit alleging that plaintiff supplied to Keesler Construction Co., Inc., a subcontractor...

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