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CITY OF ST. LOUIS EX REL. ESMAR v. TRU-BOUNCE, INC.

Nos. 37770, 37771.

562 S.W.2d 158 (1978)

The CITY OF ST. LOUIS, a Municipal Corporation ex rel. and for the Use of William ESMAR, d/b/a Midwest Waterproofing Company, Plaintiff-Respondent, v. TRU-BOUNCE, INCORPORATED and Maryland Casualty Company, et al., Defendants-Appellants.

Missouri Court of Appeals, St. Louis District, Division Two.

January 24, 1978.

Attorney(s) appearing for the Case

Morris W. Taylor, Hanks & Taylor, Jerry Suddarth, Clayton, for defendants-appellants.

F. W. Mueller, Tyree C. Derrick, St. Louis, for plaintiff-respondent.

STEWART, Judge.

Action by the City of St. Louis at the Relation of Patrick M. Fiandaca III, Administrator C.T.M. D.B.N. of the Estate of William Esmar, deceased (plaintiff), against Tru-Bounce, Incorporated (Tru-Bounce), and Maryland Casualty Company (Maryland) as surety for Tru-Bounce, for monies due under a contract between Tru-Bounce as general contractor and William Esmar (Esmar) as subcontractor. A jury verdict was returned in favor of plaintiff and against both...

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