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GENERAL ELECTRIC SUPPLY CO. v. EPCO CONSTRUCTORS, INC.

Civ. A. No. 69-H-285.

332 F.Supp. 112 (1971)

GENERAL ELECTRIC SUPPLY COMPANY, a Division of General Electric Company, a New York Corporation, v. EPCO CONSTRUCTORS, INC. and the Travelers Indemnity Company.

United States District Court, S. D. Texas, Houston Division.

As Amended September 23, 1971.

Attorney(s) appearing for the Case

Tom D. Matthews, Matthews & Matthews, Dallas, Tex., and Raymond Kerr, Hodges & Kerr, Houston, Tex., for plaintiff.

T. Turner Pope, Kamp, Laswell & Howard, Houston, Tex., for defendant.

Joe B. Brack, Reid, Strickland, Gillett & Ramsey, Baytown, Tex., for intervenor.

MEMORANDUM OPINION

BUE, District Judge.

This is an action brought pursuant to art. 5160, Vernon's Ann.Tex.Rev.Civ. Stat.Ann., known as the McGregor Act. Plaintiff herein sues both the surety and the prime contractor, seeking to recover either from the retained funds due and owing the subcontractor and debtor, A-All Electric Company, (hereinafter referred to as A-All) or to recover under the payment bond.

Epco Constructors, Inc. (hereinafter referred...

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