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PEMBROKE STATE BANK v. BALBOA INS. CO.

54776.

144 Ga. App. 609 (1978)

241 S.E.2d 483

PEMBROKE STATE BANK v. BALBOA INSURANCE COMPANY et al.

Court of Appeals of Georgia.

Decided January 26, 1978.

Attorney(s) appearing for the Case

Kenneth S. McBurnett, for appellant.

Palmer & Krontz, J. Larry Palmer, Chris C. Howard, Jr., Bobby F. Herndon, Charles, H. Watt, III, James B. Franklin, Dale R. F. Goodman, Charles H. Brown, Richard Phillips, for appellees.

BANKE, Judge.

The City of Pembroke contracted with E. S. Miles Construction Co. for the construction of water main extension in the city. In accordance with his obligation as a public contractor (see Code Ann. § 23-1705 (as amended through Ga. L. 1975, pp. 810, 811)), Miles executed a payment and performance bond for the project, with Balboa Ins. Co. named as surety. On June 4, 1976, after beginning work, Miles obtained...

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