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BAXTER CONST. CO., INC. v. HOU-TEX PRODUCTS

No. 01-85-0757-CV.

718 S.W.2d 355 (1986)

BAXTER CONSTRUCTION CO., INC., & Federal Insurance Co., Appellants, v. HOU-TEX PRODUCTS, INC., D/B/A Hou-Tex Sheet Metal, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied October 2, 1986.

Attorney(s) appearing for the Case

W. Mark Lanier, Fulbright & Jaworski, Houston, for appellants.

Charles A. Botschen, Anthony Miglicco, P.C., Houston, for appellee.

Before DUGGAN, LEVY and DUNN, JJ.

OPINION

DUGGAN, Justice.

This is an appeal from a summary judgment on a McGregor Act payment bond claim in favor of the plaintiff, a subcontractor-claimant on a public works project, in a suit against the project's prime contractor and its surety.

The sole issue on appeal is whether the trial court correctly held the payment bond's contractual 90-day notice provision for the filing of laborers' and materialmens' claims to be applicable, when Tex...

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