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FRAZIER v. O'NEAL STEEL, INC.

No. 45385.

223 So.2d 661 (1969)

C.E. FRAZIER, A.W. (Slick) Morton, etc. and Fidelity & Deposit Company of Maryland v. O'NEAL STEEL, INC., a Corporation.

Supreme Court of Mississippi.

Rehearing Denied July 3, 1969.

Attorney(s) appearing for the Case

Brewer, Deaton & Evans, Greenwood, for appellant.

Donald B. Patterson, R.E. Stratton, III, Brookhaven, for appellee.

RODGERS, Justice:

This is a suit brought by an alleged materialman against a primary contractor and the surety on his performance bond for materials furnished an alleged subcontractor in the construction of two public schools, under the authority of section 9014, Mississippi Code 1942 Annotated (1956). The case was transferred from the Circuit Court to the Chancery Court of Lincoln County, Mississippi, where it was tried...

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