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WICHITA SHEET METAL SUP. v. DAHLSTROM & FERRELL

Nos. 63,073, 63,389

14 Kan. App. 2d 111 (1989)

783 P.2d 353

WICHITA SHEET METAL SUPPLY, INC., Appellant, v. DAHLSTROM AND FERRELL CONSTRUCTION CO., INC., and THE UNITED STATES FIDELITY & GUARANTY COMPANY, Appellees, and AIR MOVING EQUIPMENT, INC., Appellant, v. THE UNITED STATES FIDELITY & GUARANTY COMPANY, Appellee.

Court of Appeals of Kansas.

Opinion filed December 8, 1989.

Attorney(s) appearing for the Case

William M. Kehr, of Martin, Churchill, Overman, Hill & Cole, Chartered, of Wichita, for appellant Wichita Sheet Metal Supply, Inc.

Edward Stephens, of Leavenworth, for appellant Air Moving Equipment, Inc.

Bruce W. Beye, of Polsinelli, White, Vardeman, & Shalton, P.C., of Overland Park, for appellees.

William A. Larson, of Gehrt & Roberts, Chartered, of Topeka, was on the brief amicus curiae for The Associated General Contractors of Kansas, Inc.

Before ELLIOTT, P.J., THEODORE B. ICE, District Judge, assigned, and PHILIP C. VIEUX, District Judge, assigned.

Rev'd 246 Kan. 557, 792 P.2d 1043 (1990).

VIEUX, D.J.:

In 1986 the City of Leavenworth entered into a contract with Dahlstrom & Ferrell Construction Company, Inc., (D&F) for the construction of a community center. D&F provided a public works bond as required by K.S.A. 60-1111 to ensure payment of indebtedness incurred in the construction of the building. This bond was secured through...

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