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AM. FIDELITY FIRE INS. v. ATHENS STOVE WORKS

No. 55311.

481 So.2d 292 (1985)

AMERICAN FIDELITY FIRE INSURANCE COMPANY v. ATHENS STOVE WORKS, INC., and Greenville Products Company, Inc.

Supreme Court of Mississippi.

December 4, 1985.

Attorney(s) appearing for the Case

Ron A. Yarbrough, Ott & Purdy, Jackson, for appellant.

William R. Fortier, Fred C. Permenter, Jr., Smith, Elliott, Fortier & Permenter, Ripley, for appellees.

En Banc.

SULLIVAN, Justice, for the Court:

This is an appeal from the judgment of the Circuit Court of Tippah County, Mississippi, dismissing the claim by Athens Stove Works, Inc., ("Athens"), upon a private construction bond for failure to intervene in a previously filed action on the bond, but granting summary judgment to Greenville Products Company, Inc., ("Greenville"), who intervened in the action filed by Athens on the ground that the answer filed by the surety, American...

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