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ARGONAUT INS. CO. v. M & P EQUIPMENT CO.

No. 80-84.

601 S.W.2d 824 (1980)

ARGONAUT INSURANCE COMPANY, Appellant, v. M & P EQUIPMENT COMPANY, Appellee.

Supreme Court of Arkansas.

June 23, 1980.

Attorney(s) appearing for the Case

Barber, McCaskill, Amsler, Jones & Hale, for Little Rock, for appellant.

Herby Branscum, Jr., Perryville, for appellee.

GEORGE ROSE SMITH, Justice.

An action by laborers or materialmen against the surety upon a contract for the construction of public works must be brought within six months after final payment is made to the general contractor. Ark.Stat.Ann. § 14-606 (Repl.1979). On this appeal such a surety, Argonaut Insurance Company, argues that the trial judge, sitting without a jury, was wrong in holding that the action is not barred. We agree with the trial court.

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