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GARCO INDUS. EQUIPMENT CO., INC. v. MALLORY

No. 1-285A34.

485 N.E.2d 652 (1985)

GARCO INDUSTRIAL EQUIPMENT COMPANY, Inc., Plaintiff-Appellant, v. Sherman MALLORY d/b/a Mallory Cement Construction and Sherman Mallory Construction Company, and Indiana Insurance Company, Defendant-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied January 9, 1986.

Attorney(s) appearing for the Case

A. David Meyer, Charles N. Doberneck, Buschmann, Carr & Meyer, Indianapolis, Robert M. Gholston, Young, Gholston & Young, Franklin, for plaintiff-appellant.

Robert F. Zoccola, Julia M. Blackwell, Locke Reynolds Boyd & Weisell, Indianapolis, for defendant-appellee.

RATLIFF, Presiding Judge.

STATEMENT OF THE CASE

Garco Industrial Equipment, Inc. appeals the trial court's denial of its motion for summary judgment and the granting of summary judgment in favor of Sherman Mallory and Indiana Insurance Company in Garco's attempt to recover on a performance bond. We affirm.

FACTS

On April 22, 1981, Mallory Construction Company (Mallory) and Indiana Gas Company (Indiana Gas) entered into a contract for the...

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