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NEW AMSTERDAM CASUALTY COMPANY v. ALLEN COMPANY

446 S.W.2d 278 (1969)

NEW AMSTERDAM CASUALTY COMPANY and Sams, Mills and Garland Construction Company, Inc., Appellants, v. The ALLEN COMPANY, Inc., Appellee.

Court of Appeals of Kentucky.

October 31, 1969.

Attorney(s) appearing for the Case

D. G. Lynn, Boehl, Stopher, Graves & Deindoerfer, Lexington, for appellant.

Beverly White, White, McCann & Stewart, Winchester, for appellee.

CULLEN, Commissioner.

This appeal is from a summary judgment under CR 56 entered in favor of appellee, The Allen Company, Inc., in the amount of $17,584.46 against appellants, Sams, Mills and Garland Construction Company and New Amsterdam Casualty Company, for the balance due Allen for work and labor performed under a contractual agreement.

The appellant, Sams, Mills and Garland Construction Company, as general contractor undertook to surface a portion of...

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