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CEDAR VALE CO-OP EXCH. v. ALLEN UTILITIES, INC.

No. 55,887

10 Kan. App. 2d 129 (1985)

694 P.2d 903

CEDAR VALE CO-OP EXCHANGE, INC., Plaintiff-Appellee, v. ALLEN UTILITIES, INC., Defendant, and UNIVERSAL SURETY COMPANY, Defendant-Appellant.

Court of Appeals of Kansas.

Opinion filed January 31, 1985.

Attorney(s) appearing for the Case

Robert W. Kaplan and Jeff Dewey, of Kaplan, McMillan and Harris, of Wichita, for defendant-appellant.

Gary House, of Robbins and House, of Sedan, for plaintiff-appellee.

Before BRISCOE, P.J., REES and MEYER, JJ.

Petition for review denied 237 Kan. 886.

MEYER, J.:

This is an action by a supplier of materials against the contractor and his corporate surety on a contractor's bond.

Defendant Allen Utilities, Inc., (Allen Utilities) contracted with the City of Peru, Kansas, for a public works project concerning sewers, sewage pumping stations, force mains, and a sewage purification plant. As required by K.S.A. 60-1111, Allen

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