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DeLOZIER BROS. v. FREMONT CTY. S.D. 14

No. 87-174.

747 P.2d 515 (1987)

DeLOZIER BROTHERS, INC., a Wyoming corporation, and the Travelers Indemnity Company, a Connecticut corporation, Appellants (Appellants/Plaintiffs), v. FREMONT COUNTY SCHOOL DISTRICT NO. 14, and Eternit, Inc., A Delaware corporation, Appellees (Appellees/Defendants).

Supreme Court of Wyoming.

December 22, 1987.

Attorney(s) appearing for the Case

L.M. Chipley of Western Law Associates, P.C., Lander, for appellants.

B.J. Baker and C. John Cotton of Brown & Drew, Casper, and Tracy J. Copenhaver of Copenhaver & Kahl, Powell, for appellees.

Before BROWN, C.J., and THOMAS, CARDINE, URBIGKIT and MACY, JJ.

BROWN, Chief Justice.

This is an appeal from a district court order confirming an order of the county court in Lander granting summary judgment to appellee Eternit, Inc. (Eternit)1 to recover on a public contractor's bond for a public construction project. Appellants, DeLozier Brothers, Inc. (DeLozier) and Travelers Indemnity Company (Travelers) present two issues on appeal:

"A. As a matter of law, does a supplier to a materialman...

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