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SWEENEY v. McCLARAN

Docket No. 14923.

58 Cal.App.3d 824 (1976)

130 Cal. Rptr. 205

C.W. SWEENEY, as Administrator, etc., Plaintiff, Cross-defendant and Appellant, v. BILLY DEAN McCLARAN, Defendant, Cross-defendant and Respondent; SURETY COMPANY OF THE PACIFIC, Defendant, Cross-complainant and Respondent; DIVISION OF LABOR LAW ENFORCEMENT et al., Cross-defendants and Appellants.

Court of Appeals of California, Third District.

June 1, 1976.

Attorney(s) appearing for the Case

COUNSEL

McCarthy, Johnson & Miller and William R. Shepard for Plaintiff, Cross-defendant and Appellant.

Lazar, Giannini & Gurney, Guy T. Gurney and Janet M. Holland for Cross-defendants and Appellants.

Acret & Perrochet and Geoffrey R. Hudson for Defendant, Cross-complainant and Respondent.

No appearance for Defendant, Cross-defendant and Respondent.

OPINION

PARAS, J.

The claimants against a contractor's license bond (Bus. & Prof. Code, §§ 7071.5-7071.14) appeal from an order awarding the interpleading surety its costs and attorneys' fees out of the penal sum of the bond.

Plaintiff Sweeney, as administrator of five labor-management trust funds for operating engineers, sued defendant McClaran, a contractor, for employee fringe benefit payments which McClaran...

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