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STANDARD HEATING SERVICE v. GUYMANN CONST.

No. 84-533.

459 So.2d 1103 (1984)

STANDARD HEATING SERVICE, INC., Appellant, v. GUYMANN Construction, Inc., and Ohio Casualty Insurance Company, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 11, 1984.

Attorney(s) appearing for the Case

Robert B. Bennett, Jr., Sarasota, for appellant.

Steven Carta of Simpson, Henderson, Savage & Carta, Fort Myers, for appellees.

LEHAN, Judge.

Appellant furnished for a construction project diesel fuel and other petroleum products to an excavation firm which was under a subcontract with the appellee general contractor. Appellant sued the general contractor and the surety on a Labor and Material Payment Bond which had been furnished by the general contractor in connection with the work. Appellant's complaint alleged two counts, one for nonpayment of a statutory bond and the other for nonpayment...

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