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D & L BLDG. v. MALTBY TANK & BARGE

No. 87-149.

747 P.2d 517 (1987)

D & L BUILDING, INC., a Wyoming corporation, and the Travelers Indemnity Company, a Connecticut corporation, Appellants (Defendants), Welles Products Corporation, an Illinois corporation, (Defendant), v. The STATE of Wyoming for the Use and Benefit of MALTBY TANK & BARGE, INC., a Washington corporation, Appellee (Plaintiff).

Supreme Court of Wyoming.

December 22, 1987.

Attorney(s) appearing for the Case

J. Stan Wolfe of Banks, Johnson, Wolfe, Hallock & Michaels, Gillette, for appellants.

John R. Vincent and Kristin H. James of Hettinger, Leedy & Vincent, Riverton, for appellee.

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

BROWN, Chief Justice.

This is an appeal of a district court order granting summary judgment in favor of appellee, Maltby Tank & Barge, Inc. (Maltby) to recover on a contractor's bond for a public construction project. Appellants, D & L Building, Inc. (D & L) and The Travelers Indemnity Company (Travelers) urge the following issues:

"A. Is a second tier materialman within the coverage of a statutory payment bond required for public works projects...

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