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LANPHIER CONST. CO. v. FOWCO CONST. CO.

No. 864.

523 S.W.2d 29 (1975)

LANPHIER CONSTRUCTION COMPANY and Servtex Materials Company, Appellants, v. FOWCO CONSTRUCTION COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied April 24, 1975.

Attorney(s) appearing for the Case

Richard J. Hatch, Mahoney, Shaffer, Hatch & Layton, Corpus Christi, Bruce Waitz, Waitz, Bretz & Collins, San Antonio, for appellants.

Ben F. McDonald, McDonald, Spann & Smith, Richard A. Hall, Jr., Branscomb, Gary, Thomasson & Hall, Cecil D. Redford, Dyer, Redford, Burnett, Wray & Woolsey, Corpus Christi, for appellees.

OPINION

NYE, Chief Justice.

This is a suit for damages arising from an alleged breach of contract and breach of warranty, express and implied, growing out of the construction of the Alice High School at Alice, Texas. Lanphier Construction Company, the general contractor, brought suit against its sub-contractor, Fowco Construction Company, Inc. and its surety, Fidelity and Deposit Company of Maryland, for damages which Lanphier suffered when the paving material...

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