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BOYD v. BENKELMAN PUBLIC HOUSING AUTHORITY

No. 38029.

195 N.W.2d 230 (1972)

188 Neb. 69

Leonard R. BOYD, d/b/a Southwest Plumbing and Heating Company, Appellant, v. BENKELMAN PUBLIC HOUSING AUTHORITY et al., Appellees.

Supreme Court of Nebraska.

March 3, 1972.

Attorney(s) appearing for the Case

Sarah Jane Cunningham, McCook, for appellant.

Leon C. Hines, Benkelman, Thomas F. Colfer, McCook, Herbert E. Story, Omaha, for appellees.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON, and CLINTON, JJ.

NEWTON, Justice.

This is an action brought by a subcontractor to recover, for work and materials furnished on a construction project, from the surety on the performance bond of the defaulting principal contractor and from the owner of the project. The district court found for the defendants and we affirm the judgment so entered.

The Benkelman Public Housing Authority entered into a contract with the Joe Dougherty Construction Company for the construction of...

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