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PIONEER CONCRETE & FUEL v. APEX CONST.

No. 82-147.

664 P.2d 938 (1983)

PIONEER CONCRETE & FUEL, INC., a corporation, Plaintiff and Respondent, v. APEX CONSTRUCTION, INC., a corporation; and United Pacific Insurance Company, a corporation, Defendants, Third-Party Plaintiffs and Appellants, v. Darrell BIRDSBILL, d/b/a Birdsbill Cement Contractor, Third-Party Defendant & Cross-Appellant.

Supreme Court of Montana.

Decided June 16, 1983.

Attorney(s) appearing for the Case

Gough, Shanahan, Johnson & Waterman, Ronald F. Waterman argued, Helena, for defendants, third-party plaintiffs and appellants.

Joseph C. Engel III, argued, Butte, for third-party defendant and cross-appellant.

Corette, Smith, Pohlman & Allen, Kendrick Smith argued, Butte, for plaintiff and respondent.

WEBER, Justice.

United Pacific Insurance Company (United) appeals from a January 8, 1980, judgment in the District Court of Silver Bow County in the amount of $17,532.93 in favor of Pioneer Concrete & Fuel, Inc., (Pioneer) against Apex Construction, Inc., (Apex), a public works subcontractor. In that judgment, the Court found that United, the bonding company for the subcontractor, was fully obligated for any indebtedness of Apex. Darrell Birdsbill, d/b/a Birdsbill...

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