AIRPORT CONST. AND MATERIALS, INC. v. BIVENS

No. 83-78.

649 S.W.2d 830 (1983)

AIRPORT CONSTRUCTION AND MATERIALS, INC. and National Bonding and Accidents Insurance Company, Appellants, v. Don BIVENS et al, Appellees.

Supreme Court of Arkansas.

May 2, 1983.


Attorney(s) appearing for the Case

Clark, McNeil & Adkisson, Conway, for appellants.

Friday, Eldredge & Clark by Bill S. Clark and David Orsini, Little Rock, for appellees.


HAYS, Justice.

On September 5, 1978, Airport Construction and Materials, Inc. entered into a contract with the United States for the repair of streets at the Little Rock Air Force Base. On April 11, 1979, ACM subcontracted with Bivens for part of the work. A dispute arose as to the amount ACM was to pay Bivens, and this suit was brought by Bivens against ACM and its bonding company, National Bonding and Accident Insurance Company.

ACM defended on the ground...

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