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  5. 736 S.W.2d 247 (1987)
 

CORPUS CHRISTI v. S.S. SMITH & S. MASONRY

No. 13-86-442-CV.

736 S.W.2d 247 (1987)

CITY OF CORPUS CHRISTI, Appellant, v. S.S. SMITH & SONS MASONRY, INC., a Texas Corporation, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied September 24, 1987.

Attorney(s) appearing for the Case

Carol Estes Bray, Corpus Christi, for appellant.

Robert L. Ramey, Corpus Christi, for appellee.

Before NYE, C.J., and KENNEDY and DORSEY, JJ.

OPINION

NYE, Chief Justice.

S.S. Smith and Sons Masonry, Incorporated, brought suit as a subcontractor against appellant, City of Corpus Christi, as owner, La-Man Constructors, Incorporated, as prime contractor, and Royal Indemity Company, as surety on La-Man's payment bond, in connection with a construction project on a public recreation facility.

This suit arose out of a construction contract between La Man and the City for the improvement and...

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