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  5. 784 S.W.2d 771 (1990)
 

FIREMAN'S INS. v. ARK. STATE CLAIMS COM'N

No. 89-245.

784 S.W.2d 771 (1990)

301 Ark. 451

FIREMAN'S INSURANCE CO. & D.H. Blattner & Sons, Inc., Appellants, v. ARKANSAS STATE CLAIMS COMMISSION and Arkansas State Highway and Transportation Department, Appellees.

Supreme Court of Arkansas.

February 26, 1990.

Attorney(s) appearing for the Case

Robert R. Ross, Little Rock, Kevin E. Glynn, Kansas City, Mo., for appellants.

R.B. Friedlander, Sol. Gen., Robert L. Wilson, Tom G. Lorenzo, Charles Johnson, Little Rock, for appellees.

TURNER, Justice.

This action commenced as a claim filed by appellants with the Arkansas Claims Commission.

Potashnik Corporation and Sajan Construction Corporation contracted with the Arkansas Highway and Transportation Department for certain highway construction. Following default of the original contractors, Fireman's Insurance Company, as surety on the contractor's performance bond, retained Blattner and Sons...

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