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U. S. FIDELITY & GUARANTY CO. v. MILLER

549 S.W.2d 316 (1977)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant, v. Jack L. MILLER, t/d/b as Miller Lumber Company, Appellee.

Court of Appeals of Kentucky.

March 25, 1977.

Attorney(s) appearing for the Case

E. Preston Young, Louisville, William O. Miller, Maysville, for appellee.

Rocco J. Celebrezze, Louisville, for appellant.

Before HOWARD, LESTER and PARK, JJ.

PARK, Judge.

In this proceeding, the appellee, Jack L. Miller, trading as Miller Lumber Company, seeks to recover on payment bonds executed by the appellant, United States Fidelity and Guaranty Company (U.S.F. & G.) for lumber sold and delivered to the Mattingly Bridge Company, Inc. (Mattingly Bridge). The case was tried in the Jefferson Circuit Court without the intervention of a jury. The circuit court entered judgment in favor of Miller against U.S.F. &...

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