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CONSOLIDATED CONCRETE v. EMPIRE WEST CONST.

No. 12761.

596 P.2d 106 (1979)

100 Idaho 234

CONSOLIDATED CONCRETE CO., a corporation, Plaintiff-Counter Defendant-Respondent, v. EMPIRE WEST CONSTRUCTION CO., INC., Everett Schutte and Harold Crowson, Defendants-Cross Defendants. TEKTON, INC., and Employers Mutual Liability Insurance Co. of Wisconsin, Defendants-Counter Claimants-Cross Claimants-Third Party Plaintiffs-Appellants, v. SCHUTTE MASONRY, INC., an Idaho Corporation, Third Party Defendant.

Supreme Court of Idaho.

June 14, 1979.

Attorney(s) appearing for the Case

William D. Collins of Collins, Manly & Williams, Boise, for Tekton, Inc., et al.

E. Don Copple of Davison, Copple & Copple, Boise, for Consolidated Concrete Co.

SCOGGIN, Justice Pro Tem.

On June 11, 1975, defendant-appellant Tekton, Incorporated, a Utah Corporation (hereafter contractor) entered into a contract with the State of Idaho for the construction of a building at Boise State University. Pursuant to I.C. § 54-1926, the contractor and its surety, defendant-appellant Employers Mutual Liability Insurance Company of Wisconsin, filed their bond guaranteeing payment to all laborers and suppliers of the project.

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