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THRELKELD-COVINGTON v. BAKER DRYWALL

No. 11-91-111-CV.

837 S.W.2d 840 (1992)

THRELKELD-COVINGTON, INC. et al., Appellants, v. BAKER DRYWALL COMPANY, INC. et al., Appellees.

Court of Appeals of Texas, Eastland.

Rehearing Denied October 15, 1992.

Attorney(s) appearing for the Case

Snow E. Bush, Akin, Steele & Bush, Longview, for appellants.

Nathan Allen, Jr., Randall B. Warmbrodt, Jones Allen & Fuquay, Dallas, for appellees.

OPINION

McCLOUD, Chief Justice.

After the prime contractor and the surety on a payment bond failed to pay the plaintiffs' claims, the plaintiffs, who supplied material and labor to the prime contractor, sued the defendants, who assisted in the procurement of the payment bond.1 The trial court granted plaintiffs' motion for summary judgment. Defendants appeal. We affirm.

The prime contractor, D. Bauman Construction Company...

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