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  5. 182 N.W.2d 320 (1970)
 

TRACY v. T & B CONSTRUCTION COMPANY

Nos. 10705, 10706.

182 N.W.2d 320 (1970)

Lewis W. TRACY, d/b/a Tracy Masonry, et al., Plaintiff and Cross-Appellant, v. T & B CONSTRUCTION COMPANY et al., Defendant and Appellant. Victor H. HUGHES and Evelyn Hughes, Defendants and Third-Party Plaintiffs and Respondents, v. GENERAL INSURANCE COMPANY OF AMERICA, Third-Party Defendants and Appellants.

Supreme Court of South Dakota.

December 18, 1970.

Attorney(s) appearing for the Case

Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellant and third party defendants and appellants.

Wilson, Gundersen & Olson, James H. Wilson, Rapid City, for plaintiff and cross-appellant.

George Beal, Rapid City, for defendants and third party plaintiffs and respondents.

HOMEYER, Judge.

The single question presented for decision by these appeals is whether respondents, Victor H. and Evelyn Hughes, the obligees named in a contractor's performance bond, can recover attorney's fees from appellant, General Insurance Company of America, in an action on the bond.

A somewhat complex and involved piece of litigation which we briefly summarize gives rise to the issue presented. On February...

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