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INDUSTRIAL COATINGS CO. v. FIDELITY & DEPOSIT CO OF MARYLAND

No. 57238-1.

117 Wn.2d 511 (1991)

817 P.2d 393

INDUSTRIAL COATINGS COMPANY, Appellant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Respondent.

The Supreme Court of Washington, En Banc.

October 3, 1991.

Attorney(s) appearing for the Case

William D. Cameron, for appellant.

Jeff Yusen, Yusen & Friedrich, and Bryan E. Lee, for respondent.

DURHAM, J.

Industrial Coatings Company (Industrial Coatings), a supplier of materials to a public contractor, brought an action against its surety, Fidelity and Deposit Company of Maryland (Fidelity), to recover on a statutory bond. After concluding that a 3-year statute of limitation applied, the trial court granted Fidelity's motion for summary judgment, dismissed the claim as time barred, and awarded attorney fees pursuant...

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