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APEX SALES CO. v. UNITED STATES FIDELITY & GUAR. CO.

No. 4869.

261 So.2d 247 (1972)

APEX SALES COMPANY, Inc. v. UNITED STATES FIDELITY & GUARANTY CO. et al.

Court of Appeal of Louisiana. Fourth Circuit.

March 7, 1972.

Attorney(s) appearing for the Case

Charles A. Kronlage, Jr., New Orleans, for plaintiff-appellee.

Robert S. Taylerson, New Orleans, for defendants-appellants.

Before REDMANN, GULOTTA and BOUTALL, JJ.

REDMANN, Judge.

Defendant contractor and surety appeal from a summary judgment for plaintiff materialman's claims under R.S. 9:4802 and 9:4803, with 10% attorneys fees against the surety under R.S. 9:3902.

Plaintiff's petition alleged a recorded building contract between landowners and defendant B & M Construction Co. Inc., with bond on which defendant United States Fidelity and Guaranty Company was surety; that plaintiff supplied materials delivered to...

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