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BARGE & CO. v. OAKWOOD STEEL CO.

47922, 47923.

128 Ga. App. 597 (1973)

197 S.E.2d 405

BARGE & COMPANY, INC. v. OAKWOOD STEEL COMPANY et al. FEDERAL INSURANCE COMPANY v. OAKWOOD STEEL COMPANY.

Court of Appeals of Georgia.

Decided March 6, 1973.

Rehearing Denied March 23, 1973.

Attorney(s) appearing for the Case

Moreton Rolleston, Jr., Greer, Sartain & Carey, J. Nathan Deal, for appellants.

Telford, Stewart & Stephens, J. Douglas Stewart, for appellees.

EBERHARDT, Presiding Judge.

Oakwood Steel Company brought the present action on a private or nonstatutory payment bond against Barge & Company, Inc., the principal and prime contractor, and Federal Insurance Company, the surety, which was issued in connection with a contract between Barge and Ryder Truck Lines, Inc., the obligee on the bond, for the construction of terminal facilities for Ryder. The bond provided that "if the Principal [Barge] shall pay all lawful...

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