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CITY OF ST. LOUIS v. AETNA CASUALTY AND SURETY CO.

No. 53269.

429 S.W.2d 252 (1968)

CITY OF ST. LOUIS ex rel. ATLAS PLUMBING SUPPLY COMPANY, Appellant, v. AETNA CASUALTY AND SURETY COMPANY, a Foreign Corporation; J. S. Alberici Construction Company, Inc., a Corporation; and T. J. McNamara Company, Inc., a Corporation, Respondents.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or for Transfer Denied July 8, 1968.

Attorney(s) appearing for the Case

Harper & Stone, St. Louis, for appellant.

David L. Millar, Ray E. White, Jr., Stamm, Millar, Neuhoff & White, St. Louis, for respondents, Aetna Casualty and Surety Company and J. S. Alberici Construction Company, Inc.

Motion for Rehearing or for Transfer to Court En Banc Denied July 8, 1968.

HIGGINS, Commissioner.

Atlas Plumbing Supply Company sued Aetna Casualty and Surety Company on its performance bond, and J. S. Alberici Construction Company, Inc., and T. J. Mc-Namara Company, Inc., individually, for $1,964.45 balance on account of materials furnished on a contract with the City of St. Louis. Defendants Aetna and Alberici moved for dismissal on the ground the suit on...

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