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FOUNTAIN SAND & GRAVEL v. CHILTON CONST. CO.

No. 77-016.

578 P.2d 664 (1978)

The FOUNTAIN SAND AND GRAVEL COMPANY, Plaintiff-Appellee, v. CHILTON CONSTRUCTION COMPANY, Defendant, and Balboa Insurance Company, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 2, 1978.

Certiorari Denied May 8, 1978.

Attorney(s) appearing for the Case

Lindsay E. Fischer, Colorado Springs, for plaintiff-appellee.

Tilly & Graves, L. Jay Labe, Denver, for defendant-appellant.

KELLY, Judge.

Balboa Insurance Company appeals the entry of summary judgment in favor of the Fountain Sand & Gravel Company on Fountain's claim for materials and labor provided on a street improvement project, and the denial of Balboa's motion for summary judgment in its favor. The trial court found that Balboa was liable on the basis of a public works performance and payment bond issued by it. Balboa contends the trial court erred in determining that Fountain...

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