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AMERICAN INDEM. CO. v. DA-COL PAINT MANUFACTURING CO.

No. 18274.

508 S.W.2d 944 (1974)

AMERICAN INDEMNITY COMPANY, Appellant, v. DA-COL PAINT MANUFACTURING COMPANY, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied May 9, 1974.

Attorney(s) appearing for the Case

Royal H. Brin, Jr., Strasburger, Price, Kelton, Martin & Unis, Dallas, for appellant.

Edward S. Koppman, Ungerman, Hill, Ungerman, Angrist, Dolginoff & Teofan, Dallas, for appellee.

GUITTARD, Justice.

This suit was brought against the surety on an original contractor's bond by a materialman who had supplied paint to a subcontractor on an apartment project. Our questions are: (1) whether the requirement of the Hardeman Act that notice be sent to the original contractor1 is rendered inapplicable by the sham-contractor statute2 in view of the jury's finding that the owners could have effectively...

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