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DAY & NIGHT MFG. CO. v. FIDELITY & CAS. CO. OF N.Y.

No. 5618.

452 P.2d 906 (1969)

DAY & NIGHT MANUFACTURING COMPANY, a Division of Carrier Corporation, Appellant, v. FIDELITY AND CASUALTY Company OF NEW YORK, Respondent.

Supreme Court of Nevada.

Rehearing Denied May 6, 1969.

Attorney(s) appearing for the Case

Deaner, Butler & Adamson, Las Vegas, for appellant.

Singleton, DeLanoy, Jemison & Reid, Las Vegas, for respondent.

OPINION

THOMPSON, Justice.

The issue is whether a contractor's surety bond given pursuant to NRS ch. 624 affords protection to a supplier of materials. The district court ruled that it does not and upon appropriate motion dismissed the supplier's complaint. That court ruled correctly.

1. Just last year we indicated, without deciding the point, that a supplier of materials is not protected by a contractor's surety bond. Garff v. J.R. Bradley Company...

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