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APEX SUPPLY CO. v. COMMERCIAL &c. CO.

53835.

143 Ga. App. 131 (1977)

237 S.E.2d 649

APEX SUPPLY COMPANY, INC. v. COMMERCIAL UNION INSURANCE COMPANY.

Court of Appeals of Georgia.

Decided July 14, 1977.

Rehearing Denied July 29, 1977.

Attorney(s) appearing for the Case

Clein & Heimanson, Neil L. Heimanson, for appellant.

Heyman & Sizemore, Robert A. Bartlett, for appellee.

SMITH, Judge.

The appellant, Apex Supply Co., brought suit against Commercial Union Insurance Co. to recover on a bond given pursuant to Code § 67-2004 to discharge a materialman's lien. Summary judgment was entered in Commercial Union's favor, and Apex appeals. The record discloses undisputed facts which amount to a waiver of the bond; we therefore affirm.

The undisputed facts are as follows. Apex supplied...

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