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  5. 816 S.W.2d 440 (1991)
 

ACME BRICK, DIV. OF JUSTIN INDUSTRIES, INC. v. TEMPLE ASSOCIATES, INC.

No. 10-90-193-CV.

816 S.W.2d 440 (1991)

ACME BRICK, A DIVISION OF JUSTIN INDUSTRIES, INC., Appellant, v. TEMPLE ASSOCIATES, INC., et al.. Appellees.

Court of Appeals of Texas, Waco.

Rehearing Denied September 18, 1991.

Attorney(s) appearing for the Case

Gina M. Bruner, Kelly, Hart & Hallman, Fort Worth, for appellant.

R.C. Thompson, Diboll, for appellees.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

CUMMINGS, Justice.

This appeal arises from the trial court's judgment granting Temple Associates' (Temple) and Federal Insurance Company's (Federal) motion for summary judgment and denying Acme Brick's (Acme) motion for summary judgment. The underlying suit is for recovery on a payment bond. We will reverse and render judgment for Acme.

The payment bond was acquired in order to comply with Article 5160 of the Texas

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