WYOMING MACH. CO. v. UNITED STATES FID. AND GUARANTY COMPANY

No. 5234.

614 P.2d 716 (1980)

WYOMING MACHINERY COMPANY, a corporation, Appellant (Plaintiff), v. UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation, Appellee (Defendant).

Supreme Court of Wyoming.

July 24, 1980.


Attorney(s) appearing for the Case

Donn J. McCall and B.J. Baker, Casper, signed the brief and Baker appeared in oral argument on behalf of appellant.

William S. Bon, Casper, signed the brief and appeared in oral argument on behalf of appellee.

Before RAPER, C.J., and McCLINTOCK, THOMAS, ROSE and ROONEY, JJ.


RAPER, Chief Justice.

The sole question presented in this appeal is whether a contractor's bond written by the appellee, United States Fidelity and Guaranty Company, written to Medicine Bow Coal Company, is available to satisfy a claim made by the appellant, Wyoming Machinery Company, as a third-party beneficiary to the bond, when the principal contractor, H.L. Gracik Construction, Inc. (Gracik), became financially unable to pay for equipment rental, labor, and materials...

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