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MEAD, SAMUEL & CO. v. U.S. FID. AND GUAR.

No. 1 CA-CIV 4178.

125 Ariz. 525 (1980)

611 P.2d 112

MEAD, SAMUEL & CO., INC., a Washington Corporation, Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland Corporation, Appellee.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied April 28, 1980.

Review Denied May 20, 1980.

Attorney(s) appearing for the Case

Patrick J. McGroder, III, Clayton W. Plotkin, Phoenix, for appellant.

Moore, Jennings, Kepner, Scheffing & Hart by Curtis A. Jennings and Cathey D. Milam, Phoenix, for appellee.

OPINION

KEDDIE, Judge.

This is an appeal from summary judgment entered in favor of appellee United States Fidelity and Guaranty Company (defendant in the trial court and referred to herein as U.S.F.&G.) against appellant Mead, Samuel & Co., Inc. (plaintiff in the trial court and referred to herein as Mead, Samuel).

Mead, Samuel's predecessor in interest, Woodlakes, Inc., was the contractor for the construction of a 153 unit apartment complex...

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