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PARLIAMENT INS. CO. v. L. B. FOSTER CO.

No. 1042.

533 S.W.2d 43 (1975)

PARLIAMENT INSURANCE COMPANY, Appellant, v. The L. B. FOSTER COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied January 30, 1976.

Attorney(s) appearing for the Case

Dale French, Dameris & French, Houston, for appellant.

Arthur P. Terrell, Butler, Binion, Rice, Cook & Knapp, Houston, for appellees.

OPINION

NYE, Chief Justice.

This is a suit brought by two materialmen, L. B. Foster Company and Howard Smith Company against Parliament Insurance Company to recover upon a subcontractor's performance-payment bond which was executed in favor of the original contractor. Plaintiff L. B. Foster and plaintiff Howard Smith Company sought recovery for materials sold and delivered to the subcontractor. Trial was before a jury which answered submitted special issues...

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