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LaGRAND STEEL v. A.S.C. CONSTRUCTORS, INC.

No. 14879.

702 P.2d 855 (1985)

108 Idaho 817

LaGRAND STEEL PRODUCTS CO., an Oregon corporation, Plaintiff-Counterdefendant-Appellant, v. A.S.C. CONSTRUCTORS, INC., an Idaho Corporation, Defendant-Respondent, and Steel Management, Inc., an Oregon Corporation, Defendant-Counterclaimant-Respondent, and The Travelers Indemnity Company, a Connecticut Corporation, Defendant-Respondent.

Court of Appeals of Idaho.

Rehearing Denied July 31, 1985.

Petition for Review Denied September 30, 1985.

Attorney(s) appearing for the Case

Wayne V. Meuleman (argued), Meuleman & Miller, Boise, K. John Condon, Portland, for plaintiff-counterdefendant-appellant.

R. Michael Southcombe, Rory R. Jones (argued), Stanley W. Welsh, Clemons, Cosho & Humphrey, Boise, for defendant-respondent.

PER CURIAM.

The question presented is whether, under the facts of this case, a supplier of material to a public works project is entitled to recover against the prime contractor's payment bond. The district court said no. We reverse.

A.S.C. Constructors, Inc., was awarded the prime contract for construction of the Boise State University multi-purpose pavilion. As required by I.C. § 54-1926, A.S.C. obtained a payment bond, purchasing it from Travelers...

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