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HARTFORD ACC. & INDEM. v. DEPT. OF TRANSP.

No. 1 CA-CV 90-159.

172 Ariz. 564 (1992)

838 P.2d 1325

HARTFORD ACCIDENT AND INDEMNITY COMPANY, a Connecticut corporation, Plaintiff-Appellee, v. ARIZONA DEPARTMENT OF TRANSPORTATION, an agency of the State of Arizona, Defendant-Appellant.

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

Reconsideration Denied June 2, 1992.

Review Denied November 3, 1992.

Attorney(s) appearing for the Case

Jennings, Kepner & Haug by Robert O. Dyer, J. Daniel Shell, Phoenix, for plaintiff-appellee.

Grant J. Woods, Atty. Gen. by Rick E. Olson, Bonnie E. Elber, Asst. Attys. Gen., Phoenix, for defendant-appellant.

OPINION

GRANT, Judge.

This is an appeal from the trial court's holding that a performance bond surety on a road construction contract was not liable under its statutory performance bond for the principal's unpaid unemployment insurance taxes. The trial court concluded that the state could not offset such unpaid taxes against the contract balance after the surety completed construction of the project upon the principal...

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