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DYKE INDUSTRIES v. E. W. JOHNSON CONST. CO.

No. 76-311.

551 S.W.2d 217 (1977)

DYKE INDUSTRIES, INC., Appellant v. E. W. JOHNSON CONSTRUCTION CO., INC., Highlands Insurance Co., and Insurance Co. of North America, Appellees.

Supreme Court of Arkansas, Division 1.

June 6, 1977.

Attorney(s) appearing for the Case

William L. Peek, Jr., of Hubbard, Patton, Peek, Haltom & Roberts, Texarkana, Tex., for appellant.

David J. Potter of Potter & Potter, Texarkana, for appellees.

PER CURIAM.

Appellant brought this action to recover an alleged balance due from appellee construction company (appellee insurance companies are sureties) based on a contract to furnish mill work on a construction project. A jury awarded appellant most of the asserted balance, denied the appellee construction company's counterclaim and its demand for punitive damages. Thereupon, appellees filed a motion for dismissal of appellant's action, a sanction provided by ...

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