GREAT AM. INS. CO. v. FRED J. GALLAGHER CONST. CO.

No. 2 CA-CIV 1053.

16 Ariz. App. 479 (1972)

494 P.2d 379

GREAT AMERICAN INSURANCE COMPANY, a New York corporation, Appellant, v. FRED J. GALLAGHER CONSTRUCTION COMPANY, a corporation, et al., Appellees.

Court of Appeals of Arizona, Division 2.

March 8, 1972.


Attorney(s) appearing for the Case

Shimmel, Hill & Bishop, P.C., by James B. Rolle, III, Phoenix, for appellant.

Johnson, Hayes, Morales & Stompoly, P.C., by J. Mercer Johnson and John G. Stompoly, Tucson, for appellees.


HOWARD, Judge.

This is an appeal from a judgment in a declaratory judgment action instituted by appellant to determine the amount payable on a supersedeas bond.

The facts come to us by means of an agreed statement of facts signed by the parties and by the trial judge. Tucson Utilities Supplies, Inc., hereinafter referred to as Tucson Utilities, filed a suit in the trial court against Fred J. Gallagher Construction Company, hereinafter referred to as Gallagher...

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