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STATE HWY. ADM. v. TRANSAMERICA INS.

[No. 76, September Term, 1976.]

278 Md. 690 (1976)

367 A.2d 509

STATE HIGHWAY ADMINISTRATION v. TRANSAMERICA INSURANCE COMPANY ET AL.

Court of Appeals of Maryland.

Decided December 8, 1976.

Attorney(s) appearing for the Case

Paul W. Barnett, with whom were Francis B. Burch, Attorney General, Nolan H. Rogers, Assistant Attorney General, and Charles C. Grice, Special Attorney, on the brief, for appellant.

Howard G. Goldberg, with whom were Wm. B. Somerville and Smith, Somerville & Case on the brief, for Transamerica Insurance Company, one of appellees. Robert S. Paye, with whom were Geppert, McMullen & Paye on the brief, for E.C. Womack, Inc., appellee.

The cause was argued before SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and ORTH, JJ.

ORTH, J., delivered the opinion of the Court.

This appeal stems from an action at law instituted in the Circuit Court for Allegany County on 29 October 1971 by the State of Maryland against E.C. Womack, Inc. (Womack) and Transamerica Insurance Company (Transamerica). On 26 April 1967 the State entered into a contract with Womack for the construction of approximately four miles of the Cumberland Thruway, Maryland Route 48. Womack furnished a performance bond, sometimes...

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