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NORTHWEST LIMESTONE v. DEPT. OF TRANSP.

No. 91-1911.

499 N.W.2d 8 (1993)

NORTHWEST LIMESTONE CO., INC., Appellee, v. STATE of Iowa DEPARTMENT OF TRANSPORTATION, Dieseth Specialty Company, and Cedar Falls Construction Co., and G & L Building Center Corp., Defendants, and Great American Insurance Company, Appellant. FORT DODGE ASPHALT COMPANY, Appellee, v. STATE of Iowa DEPARTMENT OF TRANSPORTATION, and Dieseth Specialty Company, Defendants, and Great American Insurance Company, Appellant.

Supreme Court of Iowa.

April 21, 1993.

Attorney(s) appearing for the Case

Joseph D. Thornton of Smith, Peterson, Beckman & Willson, Council Bluffs, for appellant.

Brian Yung, Herbert R. Bennett, and Mark R. Crimmins of Bennett, Crimmins & Yung, Fort Dodge, for appellees.

Considered by HARRIS, P.J., SCHULTZ, CARTER, LAVORATO, and SNELL, JJ.

CARTER, Judge.

Great American Insurance Company (Great American), the surety for the general contractor on a highway surfacing project, appeals from a judgment establishing the claims of two unpaid subcontractors against that portion of the contract price required to be retained pursuant to Iowa Code chapter 573 (1991). The general contractor's interest in these retained funds had been assigned to Great American before this action was commenced. The subcontractors...

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