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AMERICAN STATES INS. CO. v. TRI TECH, INC.

No. CA90-424.

812 S.W.2d 490 (1991)

35 Ark.App. 134

AMERICAN STATES INSURANCE CO., Appellant, v. TRI TECH, INC., Appellee.

Court of Appeals of Arkansas, Division II.

July 3, 1991.

Attorney(s) appearing for the Case

M. Gayle Corley, Little Rock, for appellant.

Frank Elcan, Harrison, for appellee.

ROGERS, Judge.

Appellee, Tri Tech, Inc., filed suit against appellant, American States Insurance Co., seeking to recover on a payment bond issued by American in favor of E.M. Rader, Inc., as principal, pursuant to Ark.Code Ann. § 18-44-503 (Supp.1989). Both parties moved for summary judgment, and the case was submitted to the trial court for decision based on an agreed statement of facts. The trial court granted Tri Tech's motion, and awarded it judgment in the...

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