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  5. 563 S.W.2d 749 (1978)
 

HENRY A. PETTER SUPPLY CO. v. HAL PERRY CONST.

563 S.W.2d 749 (1978)

HENRY A. PETTER SUPPLY COMPANY, Appellant, v. HAL PERRY CONSTRUCTION COMPANY, Finis Gilbert, d/b/a Gilbert Corporation, Murray Independent School District, and Aetna Casualty and Surety Company, Appellees.

Court of Appeals of Kentucky.

March 10, 1978.

Attorney(s) appearing for the Case

John A. Gregory, Jr., Hughes & Gregory, Murray, for appellant.

John C. Lovett, Lovett, Lewis, Johnson & Shapiro, Benton, James A. Anderson, III, Paducah, for appellees.

Before GANT, HOGGE and WINTERSHEIMER, JJ.

GANT, Judge.

This is an action by Henry A. Petter Supply Company, a supplier to a subcontractor, against the prime contractor, Hal Perry Construction Company and its surety, Aetna Casualty and Surety Company.

The facts in evidence disclose that in early 1971 Perry received a contract for the construction of the Murray Vocational School, which contract provided in part that ". . . the Contractor shall provide and pay for all labor, materials, equipment . ....

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