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STATE v. NEAL AND SONS, INC.

No. 1364.

489 P.2d 1016 (1971)

STATE of Alaska, for the Use and Benefit of Sheldon WHITE, d/b/a White's Loader Service, Appellant, v. NEAL AND SONS, INC., et al., Appellees. STATE of Alaska, for the Use and Benefit of James J. Lebert, Appellant, v. NEAL AND SONS, INC., et al., Appellees.

Supreme Court of Alaska.

October 15, 1971.

Attorney(s) appearing for the Case

George M. Yeager, Fairbanks, for appellants.

William G. Ruddy and Robert B. Baker of Robertson, Monagle, Eastaugh & Annis, Juneau, for appellee United Benefit Fire Ins. Co.

G. Kent Edwards, Atty. Gen., Juneau, Llewellyn R. Johnson and Richard P. Kerns, Asst. Attys. Gen., Anchorage, for appellee State of Alaska.

Before BONEY, C.J., and DIMOND, RABINOWITZ, CONNOR and ERWIN, JJ.

OPINION

CONNOR, Justice.

In this case plaintiff sued to recover for labor and material furnished for a state public works project. The question is what burden the plaintiff must carry initially in showing the validity of the payment bond and the authority of the agent who issued it.

In June of 1962, the State of Alaska awarded a public works contract to Arctic Contractors, Inc., for a highway construction project known as the Farmers Loop Road project...

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