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HONEYWELL, INC. v. AETNA CASUALTY & SURETY CO.

No. 231.

52 Wis.2d 425 (1971)

190 N.W.2d 499

HONEYWELL, INC., Appellant, v. AETNA CASUALTY & SURETY COMPANY, Respondent.

Supreme Court of Wisconsin.

Decided October 5, 1971.

Attorney(s) appearing for the Case

For the appellant there was a brief by Kohner, Mann & Kailas, attorneys, and Robert L. Mann of counsel, all of Milwaukee, and oral argument by Robert L. Mann.

For the respondent there was a brief by Borgelt, Powell, Peterson & Frauen, attorneys, and Thomas N. Klug of counsel, all of Milwaukee, and oral argument by Mr. Klug.

HEFFERNAN, J.

The applicable statute provides:

"289.14 Public works, form of contract, bond, remedy. (1) All contracts with the state involving $2,500 or more and all other contracts involving $500 or more for the performance of labor or furnishing materials when the same pertains to any public improvement or public work shall contain a provision for the payment by the prime contractor of all claims for labor performed and materials furnished...

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