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SOUTH-WAY CONSTRUCTION CO. v. ADAMS CITY SERVICE

No. 22472.

458 P.2d 250 (1969)

SOUTH-WAY CONSTRUCTION CO., Inc., and Mead & Mount Construction Company, Plaintiffs in Error, v. ADAMS CITY SERVICE, a partnership, Defendant in Error.

Supreme Court of Colorado, En Banc.

September 2, 1969.

Attorney(s) appearing for the Case

Gorsuch, Kirgis, Campbell, Walker & Grover, John L. Ferguson, Bruce Ducker, Denver, for plaintiffs in error.

Clayton H. Morrison, Aurora, for defendant in error.

PRINGLE, Justice.

This action was brought under C.R.S. 1963, 86-7-7, by a materialman, Adams City Service, to recover the cost of certain materials which it had supplied to Acme Sand and Gravel Co. for work on a public property. The Metropolitan Denver Sewage Disposal District had let the construction contract to Mead & Mount Construction Company, Inc., which subcontracted part of the work to South-Way Construction Co...

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