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HASTINGS v. AMERICAN GENERAL INS. CO.

No. 15700.

547 S.W.2d 360 (1977)

T. L. HASTINGS d/b/a Hastings Trucking, Appellant, v. AMERICAN GENERAL INSURANCE COMPANY et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied March 9, 1977.

Attorney(s) appearing for the Case

Thomas S. Terrell, Kerrville, for appellant.

Barry K. Bishop, L. Parker McNeill, Clark, Thomas, Winters & Shapiro, Austin, for appellees.

BARROW, Chief Justice.

Appellee, Allen Keller Company (Keller), was the general contractor for the construction of a section of Interstate 10 near Kerrville, and appellee, General American Insurance Company (Surety), was surety on its statutory payment and performance bonds given pursuant to Art. 5160, Tex.Rev.Civ. Stat.Ann. (1971). Keller had a subcontract with Mac Ramsey to place base material on the roadway. Ramsey entered into a contract in November 1974 with...

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