PICKETT, Circuit Judge.
This action was brought by a subcontractor on private construction work in Oklahoma, to recover on a performance and payment bond furnished the owner by the prime contractor. After the surety company's motion to dismiss was denied, the parties agreed to a stipulation of facts and each filed motions for summary judgment. The trial court granted appellee's motion, concluding that the contractor's bond on which appellant Byler sued was not made...
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