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R.M. SHERMAN CO. v. W.R. THOMASON, INC.

Docket Nos. A034219, A035076.

191 Cal.App.3d 559 (1987)

236 Cal. Rptr. 577

R.M. SHERMAN CO., INC., Plaintiff, Cross-defendant and Appellant, v. W.R. THOMASON, INC., Defendant, Cross-complainant and Respondent; INDUSTRIAL INDEMNITY COMPANY, Defendant and Respondent. R.M. SHERMAN CO., INC., Plaintiff, Cross-defendant and Respondent, v. W.R. THOMASON, INC., Defendant, Cross-complainant and Appellant; INDUSTRIAL INDEMNITY COMPANY, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

April 28, 1987.

Attorney(s) appearing for the Case

COUNSEL

A. Charles Dell'Ario for Plaintiff, Cross-defendant and Appellant and Plaintiff, Cross-defendant and Respondent.

Graham & James and Edward K. Allison for Defendant, Cross-complainant and Respondent and Defendant, Cross-complainant and Appellant and for Defendant and Appellant and Defendant and Respondent.

[Opinion certified for partial publication.*]

OPINION

CHANNELL, J.

Plaintiff R.M. Sherman Co., Inc. (Sherman) sued for money due under a building contract between it, as subcontractor, and defendant W.R. Thomason, Inc. (Thomason), as prime contractor. Also named as a defendant was Industrial Indemnity Company, the surety under a stop notice release bond. The trial court allowed Thomason to assert...

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