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DEALERS ELEC. SUPPLY v. U. S. FID. & GUAR. CO.

No. 41174.

258 N.W.2d 131 (1977)

199 Neb. 269

DEALERS ELECTRICAL SUPPLY, Appellee, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation, Appellant.

Supreme Court of Nebraska.

October 12, 1977.

Attorney(s) appearing for the Case

D. A. Martin of Kerrigan, Line, Martin & Hanson, Fremont, for appellant.

John L. Cutright, Fremont, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY, and WHITE, JJ.

BRODKEY, Justice.

Dealers Electrical Supply ("Dealers"), plaintiff and appellee herein, filed a petition in the District Court for Dodge County alleging that defendant United States Fidelity and Guaranty Company ("USF&G") was liable to it under a construction bond for the value of labor and materials supplied by Dealers to a prime contractor on a private construction project. USF&G denied liability in its answer, alleging that the bond it issued afforded protection...

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