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ANDERSON v. CLAYTON

No. 18098.

494 S.W.2d 650 (1973)

John H. ANDERSON, d/b/a John H. Anderson Masonry, Appellant, v. David F. CLAYTON et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

May 10, 1973.

Attorney(s) appearing for the Case

Blair D. Dishman, Jr., Stanford & Dunaway, Dallas, for appellant.

Royal H. Brin, Jr., Frank L. Skillern, Jr., Strasburger, Price, Kelton, Martin & Unis, Dallas, for appellees.

BATEMAN, Justice.

The question here is whether the plaintiff subcontractor gave timely notice of his claim to establish liability of the surety on a payment bond given by the general contractor on private work pursuant to Article 5472d.* Anderson sued the general contractor, David F. Clayton, and the surety, National Surety Corporation, Fireman's Fund American Insurance Companies, but later nonsuited Clayton, who had been adjudicated a...

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