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FIDELITY & DEPOSIT CO. OF MARYLAND v. FLEISCHER

No. 54405.

772 S.W.2d 809 (1989)

FIDELITY & DEPOSIT COMPANY OF MARYLAND, Appellant/Cross-Respondent, v. Alfred J. FLEISCHER, Sr., Alfred J. Fleischer, Jr., and Eva L. Fleischer, Individually and d/b/a Fleischer-Seeger Construction Company, Respondent/Cross-Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied June 7, 1989.

Application to Transfer Denied August 1, 1989.

Attorney(s) appearing for the Case

David M. Duree, St. Louis, Kenneth I. Jonson, Washington, D.C., for appellant/cross-respondent.

Merle L. Silverstein, Clayton, Edward L. Foote, Chicago, Ill., for respondent/cross-appellant.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 7, 1989.

GRIMM, Presiding Judge.

This case involves a suit on an indemnity agreement given to secure a performance bond and a labor and material payment bond, as well as a breach of contract claim. The jury verdicts were (1) for the indemnitors and against the surety on the indemnity claim, and (2) for the contractor and against the surety on the breach of contract claim.

On appeal,...

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