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LISTER v. GREAT AMERICAN INSURANCE CO. OF NEW YORK

No. 12133.

484 P.2d 156 (1971)

26 Utah 2d 10

Clair R. LISTER, Ben Boyce, Evan J. Lister and Carlisle Johnson, Plaintiffs and Appellants, v. GREAT AMERICAN INSURANCE COMPANY OF NEW YORK, Defendant and Respondent.

Supreme Court of Utah.

April 20, 1971.

Attorney(s) appearing for the Case

Michael W. Park, of Burns & Park, Cedar City, for plaintiffs and appellants.

Stephen B. Nebeker, of Ray, Quinney & Nebeker, Salt Lake City, for defendant and respondent.

CALLISTER, Chief Justice:

Plaintiffs appeal from a summary judgment dismissing their claims for wages and services against a corporate surety, the defendant, on the ground that they had not filed their action within the time required under the terms of the bond.

On March 6, 1961, J.H. Wardle Company entered into a subcontract with R.J. Daum Construction for certain construction work at Mercury, Nevada. In compliance with the terms of the subcontract, Wardle...

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