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NELSON ROOFING & CONTRACTING, INC. v. C. W. MOORE CO.

No. 46161.

245 N.W.2d 866 (1976)

NELSON ROOFING AND CONTRACTING, INC., Respondent, v. C. W. MOORE CO., et al., Appellants.

Supreme Court of Minnesota.

August 20, 1976.

Attorney(s) appearing for the Case

Tom Wangensteen, Chisholm, for appellants.

Murphy, Lano, Kalar & Murphy, Grand Rapids, for respondent.

Heard before TODD, MacLAUGHLIN, and MARSDEN, JJ., and considered and decided by the court en banc.

DAVID E. MARSDEN, Justice.*

C. W. Moore Company was the general contractor and Nelson Roofing & Contracting, Inc., was a subcontractor in the construction of public nursing home additions in Itasca County. As required by Minn.St. 574.26, Moore purchased a labor and materials payment bond from United Pacific Insurance Company. Minn.St. 574.31 provides in pertinent part:

"No action shall be maintained on any such bond unless...

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