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FIDELITY &c. CO. OF MD. v. GAINESVILLE &c. INC.

46968.

125 Ga. App. 829 (1972)

189 S.E.2d 130

FIDELITY & DEPOSIT COMPANY OF MARYLAND et al. v. GAINESVILLE IRON WORKS, INC. et al.

Court of Appeals of Georgia.

Decided March 17, 1972.

Rehearing Denied March 30, 1972.

Attorney(s) appearing for the Case

Swift, Page & Chapman, Max R. McGlamry, Smith & Majors, Harmon T. Smith, Jr., for appellants.

Telford, Stewart & Stephens, W. Woodrow Stewart, for appellees.

JORDAN, Presiding Judge.

Gainesville Iron Works and Oakwood Steel Company instituted separate actions in the State Court of Hall County seeking judgments as claimants on a labor and material payment bond for materials furnished for the construction of the Columbus-Muscogee County courthouse. The defendant sureties sought dismissal by reason of the following provisions of the contract: "3. No suit or action shall be commenced hereunder by any claimant: ... (c) Other...

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