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CITADEL CONSTRUCTION COMPANY v. SMITH

No. 11919.

483 S.W.2d 283 (1972)

The CITADEL CONSTRUCTION COMPANY, Inc., and American General Insurance Company, Appellants, v. Chester SMITH and United States Fidelity and Guaranty Company, Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied July 26, 1972.

Attorney(s) appearing for the Case

Small, Herring, Craig & Werkenthin, C. C. Small, Jr., John F. Morehead, Lawrence S. Smith, Austin, for appellants.

Wood, Burney, Nesbitt & Ryan, James P. Ryan, Corpus Christi, for appellees.

O'QUINN, Justice.

This lawsuit is between the general contractor and a subcontractor on a public project for the construction of a building in 1968 and 1969 at Southwest Texas State University in San Marcos, Texas. Other parties are the surety companies for the respective principal parties.

Citadel Construction Company, Inc., prime contractor on the project, brought this suit against Chester Smith, who was the subcontractor of all lath and plaster work on...

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