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THERMO TECH, INC. v. GOODYEAR TIRE & RUBBER CO.

No. 79-2876.

643 F.2d 1173 (1981)

THERMO TECH, INC., Plaintiff-Appellee, v. GOODYEAR TIRE AND RUBBER CO., INC., Defendant-Appellant, National Surety Corporation, Defendant-Appellant, Sam Pace, d/b/a Pimco Insulation Contractors & Manufacturers, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A.

Rehearing Denied May 28, 1981.

Attorney(s) appearing for the Case

Michael R. McGown, Beaumont, Tex., for defendants-appellants.

Doug Cherry, Beaumont, Tex., for Thermo Tech, Inc.

George Michael Jamail, Beaumont, Tex., for Sam Pace d/b/a Pimco.

Before AINSWORTH, Circuit Judge, KUNZIG, Judge, and RANDALL, Circuit Judge.

RANDALL, Circuit Judge:

In this suit two subcontractors (Thermo-Tech, Inc. and Sam Pace, d/b/a Pimco Insulation Contractors & Manufacturers) seek recovery from the owner of an industrial construction project (Goodyear Tire and Rubber Co.), and from a corporate surety of the project (National Surety Corp.), after the default of the contractor (Harold L. Brussard, d/b/a B & H Insulation Co.) on invoices due the subcontractors. Goodyear placed funds representing...

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