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NORTHWESTERN, INC. v. GULF ASPHALT

No. AQ-464.

443 So.2d 508 (1984)

NORTHWESTERN, INC., a Florida Corporation, and United States Fidelity and Guaranty Company, a Corporation, Appellants, v. GULF ASPHALT, a Florida Corporation, Appellee.

District Court of Appeal of Florida, First District.

January 18, 1984.

Attorney(s) appearing for the Case

Barne J. Morain, Pensacola, for appellants.

L. Charles Hilton, Jr., and Dianne Cleavinger, Panama City, for appellee.

SHIVERS, Judge.

In this contract action, Northwestern, Inc. (Northwestern) and United States Fidelity and Guaranty Company (USF & G) appeal the order of the trial court granting Gulf Asphalt Corporation's (Gulf) motion for summary judgment. We reverse and remand.

Northwestern served as general contractor for a sewer facility project for Bay County, Florida. USF & G provided a payment and performance bond on this project in accordance with section 255...

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