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  5. 633 S.W.2d 238 (1982)
 

SCHOOL DIST., ETC. v. TRANSAMERICA INS. CO.

Nos. 11566, 11571 and 11572.

633 S.W.2d 238 (1982)

SCHOOL DISTRICT OF SPRINGFIELD R-12, ex rel. and for the Use of MIDLAND PAVING COMPANY, Plaintiff-Appellant, v. TRANSAMERICA INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Appellant, v. DeWITT-NEWTON, INC., DNS Leasing Company, W. E. DeWitt, Jr., and Daphna E. DeWitt, J. F. Stiefvater and Janet Stiefvater, John L. Newton and Catherine B. Newton, Joseph W. Newton and Mary T. Newton, Third-Party Defendants and Fourth-Party Plaintiffs-Appellants, v. Everett JACKSON, Fourth-Party Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied May 10, 1982.

Application to Transfer Denied June 14, 1982.

Attorney(s) appearing for the Case

Thomas Strong, John Wooddell, Strong & Placzek, Springfield, for plaintiff-appellant.

David W. Hall, Jr., Bussell, Hough & O'Neal, Springfield, for defendant and third-party plaintiff-appellant.

Flavius B. Freeman, Neale, Newman, Bradshaw & Freeman, Larry K. Bratvold, Shepard & Bratvold, Springfield, for third-party defendants and fourth-party plaintiffs-appellants.

HOGAN, Judge.

This is a materialman's action brought upon a public contractor's bond. Because the performance and payment bond was executed by DeWitt-Newton (the prime contractor) pursuant to the requirement of § 107.170, RSMo 1978,1 this litigation was instituted by the obligee as provided by § 522.020, but Midland Paving Company is the real party in interest and we shall refer to Midland as the plaintiff.

Plaintiff...

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