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STATE v. TRAVELERS INDEM. CO.

No. 9210SC408.

432 S.E.2d 419 (1993)

The STATE of North Carolina ex rel., STATE ART MUSEUM BUILDING COMMISSION, Plaintiff, v. The TRAVELERS INDEMNITY COMPANY, Defendant.

Court of Appeals of North Carolina.

August 3, 1993.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. T. Buie Costen, and Asst. Atty. Gen. Teresa L. White, Raleigh, for the State.

Burns, Day & Presnell, P.A. by Lacy M. Presnell, III, Daniel C. Higgins and Susan F. Vick, Raleigh, for defendant.

LEWIS, Judge.

In December 1989, the State, acting on behalf of the State Art Museum Building Commission (hereafter the "Building Commission" or the "Commission"), instituted this action to recover on a performance bond issued by defendant, the Travelers Indemnity Company (hereafter "Travelers"), as surety for Middlesex Construction Corporation (hereafter "Middlesex"). The State had earlier secured a judgment of $373,603...

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