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B & R MATERIALS v. U.S. FIDELITY & GUARANTY

No. 2 CA-CIV 4122.

132 Ariz. 122 (1982)

644 P.2d 276

B & R MATERIALS, INC., Plaintiff/Appellee, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, as surety for Eagle Asphalt Paving, Inc., under their bond No. 60-0120-3851077, Defendant/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 8, 1982.

Review Denied April 27, 1982.

Attorney(s) appearing for the Case

Richard D. Burris, Tucson, for plaintiff/appellee.

Jennings, Kepner & Haug by Curtis A. Jennings and David W. Scanlon, Phoenix, for defendant/appellant.

OPINION

HOWARD, Chief Judge.

This is an appeal from a judgment in favor of appellee for the sum of $14,523.42 plus costs and interest.

The evidence, considered in the light most favorable to appellee, is as follows. Appellee B&R Materials, Inc. (B&R) supplied materials to Eagle Asphalt Paving, Inc. (Eagle) which was doing a job called the "Del Norte job". B&R had also supplied material to Eagle for other jobs and from time to time B&...

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