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BENNING CONSTR. CO. v. DYKES PAVING & CONSTRUCTION COMPANY, INC.

A91A2124.

204 Ga. App. 73 (1992)

418 S.E.2d 620

BENNING CONSTRUCTION COMPANY et al. v. DYKES PAVING & CONSTRUCTION COMPANY, INC.

Court of Appeals of Georgia.

Reconsideration Denied April 28, 1992.

Attorney(s) appearing for the Case

Kilpatrick & Cody, H. Quigg Fletcher III, Douglas F. Kaleita, for appellants.

Thompson & Slagle, DeWitte Thompson, Jr., Jefferson B. Slagle, Richard E. Witterman, Jr., for appellee.

BEASLEY, Judge.

Defendants Benning Construction Company and St. Paul Fire & Marine Insurance Company appeal a judgment entered in favor of plaintiff Dykes Paving & Construction Company, Inc., in an action on a bond which discharged a materialman's lien pursuant to OCGA § 44-14-364. St. Paul is the surety on the bond posted by Benning. The jury awarded plaintiff $10,747.72 in damages, $1,784 in prejudgment interest and attorney fees of $6,000.

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