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U.S. FID. & GUAR. CO. v. COUCH, INC.

83-1027, 83-1028.

472 So.2d 614 (1985)

UNITED STATES FIDELITY & GUARANTY COMPANY v. COUCH, INC. HARRINGTON CONSTRUCTION CORPORATION v. COUCH, INC.

Supreme Court of Alabama.

Rehearing Denied May 24, 1985.

Attorney(s) appearing for the Case

Huey Dwight McInish and William C. Carn, III for Lee & McInish, Dothan, for appellants.

G.M. Harrison of Merrill & Harrison, Dothan, for appellee.

BEATTY, Justice.

Appeals by defendants, Harrington Construction Corporation (Harrington) and United States Fidelity & Guaranty Company (USF & G), from judgments for the plaintiff, Couch, Inc., in the plaintiff's action brought to recover money damages, interest, and attorneys' fees under a payment bond. We reverse and remand.

On October 16, 1981, Harrington entered into a contract with the City of Samson, Alabama, under which Harrington was engaged...

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