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BURNETT & DOTY DEVELOPMENT CO. v. PHILLIPS

Docket No. 42323.

84 Cal.App.3d 384 (1978)

148 Cal. Rptr. 569

BURNETT & DOTY DEVELOPMENT COMPANY, Plaintiff, Cross-defendant and Appellant, v. C.S. PHILLIPS et al., Defendants, Cross-complainants and Appellants.

Court of Appeals of California, First District, Division Four.

August 30, 1978.

Attorney(s) appearing for the Case

COUNSEL

Ryersen & Comstock and Patrick W. Emery for Plaintiff, Cross-defendant and Appellant.

Behrens, Nelson & Mackey, Robert W. Mackey, Sedgwick, Detert, Moran & Arnold and David E. Bordon for Defendants, Cross-complainants and Appellants.

OPINION

CHRISTIAN, J.

Burnett & Doty Development Company sued C.S. Phillips and Fidelity & Deposit Company of Maryland, alleging failure on the part of Phillips to complete contracted-for work on a residential development being constructed by Burnett & Doty. Fidelity & Deposit Company of Maryland was sued as surety on Phillips' performance bond. Phillips cross-complained against Burnett & Doty, alleging that balances...

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