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MARICOPA TURF, INC. v. SUNMASTER, INC.

No. 1 CA-CV 91-0061.

173 Ariz. 357 (1992)

842 P.2d 1370

MARICOPA TURF, INC., an Arizona corporation, dba Western Sod, Plaintiff-Appellee, v. SUNMASTER, INC., dba Sun General Construction, an Arizona corporation; the Hartford Accident and Indemnity Company, a foreign corporation, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department B.

December 3, 1992.

Attorney(s) appearing for the Case

Fitzgibbons Law Offices by Robert M. Yates, Casa Grande, for plaintiff-appellee.

Greengard & Finley, P.A. by Patricia J. Finley, Phoenix, for defendants-appellants.

OPINION

TOCI, Judge.

A general contractor and its surety appeal from the grant of summary judgment enforcing a materialman's claim against the general contractor's payment bond. The general contractor posted the payment bond in connection with a school district construction project. The principal issue is whether a reference in the payment bond to the Little Miller Act incorporates the notice provisions of that Act and supersedes the otherwise applicable...

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