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JOHN A HALL CONST. CO. v. BOONE & DARR, INC.

Docket No. 78-3900.

102 Mich. App. 786 (1981)

302 N.W.2d 850

JOHN A HALL CONSTRUCTION COMPANY v. BOONE & DARR, INC.

Michigan Court of Appeals.

Decided January 21, 1981.

Attorney(s) appearing for the Case

Griffin, Cochrane & Marshall, for John A. Hall Construction Company and United States Fidelity & Guaranty Company.

Federlein & Grylls, P.C., for Boone & Darr, Inc., and A.F. Smith & Son, Inc.

Before: D.C. RILEY, P.J., and N.J. KAUFMAN and MacKENZIE, JJ.

N.J. KAUFMAN, J.

Defendants, A.F. Smith & Son, Inc. (Smith) and Boone & Darr, Inc. (B&D), appeal from a decision of the Washtenaw County Circuit Court rendered April 18, 1978, which denied their right to recover on a payment bond furnished by plaintiff, John A. Hall Construction Company (Hall) and secured by United States Fidelity & Guaranty Co. (USF&G).

On March 19, 1971, Hall submitted its successful bid as general contractor for the...

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