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BOB ELDRIDGE CONSTR. CO. v. PIONEER MATERIALS, INC.

No. 55,491

235 Kan. 599 (1984)

684 P.2d 355

THE BOB ELDRIDGE CONSTRUCTION CO., INC., Appellant, v. PIONEER MATERIALS, INC., and UNITED STATES GYPSUM COMPANY, Appellees, and PIONEER MATERIALS, INC., Appellee, v. THE BOB ELDRIDGE CONSTRUCTION CO., INC., and FIREMAN'S FUND INSURANCE COMPANY, Appellants.

Supreme Court of Kansas.

Opinion filed June 8, 1984.

Attorney(s) appearing for the Case

Ronald K. Barker, of Margolin and Kirwan, of Kansas City, Missouri, argued the cause, and H. Thomas Payne, of Payne and Jones, Chartered, of Olathe, was with him on the brief for the appellants.

James L. Eisenbrandt, of James L. Eisenbrandt, Chartered, of Overland Park, argued the cause and Dennis J. Brundige, of Happy, Cooling & Hebers, P.C., of Kansas City, Missouri, was with him on the brief for the appellee.

The opinion of the court was delivered by

HERD, J.:

This is an action for recovery on bonds filed to discharge mechanics' liens on property.

Bob Eldridge Construction Company, Inc., is a general contractor who was engaged in the construction of Peachtree Plaza Tower and Somerset Plaza Tower. These are highrise apartment buildings for the elderly in Haysville and Wichita.

The specifications for Peachtree and Somerset called for the use of one...

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