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CEMENT ASBESTOS PRODUCTS v. HARTFORD ACC. & INDEM.

No. 77-1122.

592 F.2d 1144 (1979)

CEMENT ASBESTOS PRODUCTS COMPANY, Plaintiff-Appellee, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided February 23, 1979.

Attorney(s) appearing for the Case

Donald Lawrence, Jr., Denver, Colo. (John R. Hickisch, Denver, Colo., with him, on brief), of Weller, Friedrich, Hickisch & Hazlitt, Denver, Colo., for defendant-appellant.

Wiley E. Mayne, Denver, Colo. (Bonnie Starr Mandell, Denver, Colo., with him, on brief), of Holland & Hart, Denver, Colo., for plaintiff-appellee.

Before DOYLE and LOGAN, Circuit Judges, and STANLEY, Senior District Judge.

LOGAN, Circuit Judge.

Hartford Accident and Indemnity Company (Hartford) appeals a judgment in favor of plaintiff-appellee Cement Asbestos Products Company (Capco) in a suit against Hartford as surety on a contractor's payment and performance bond. Jurisdiction is based upon diversity, 28 U.S.C. § 1332. The principal on the bond, a joint venture between Yount Pipeline Constructors, Inc. and Concrete Curb and Paving, Inc. (Yount), failed to pay Capco for materials...

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