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COUNTY OF PENNINGTON v. ST. PAUL F. & M. INS.

No. 18095.

508 N.W.2d 376 (1993)

COUNTY OF PENNINGTON FOR the USE AND BENEFIT OF NORTHWEST PIPE FITTINGS, INC., a South Dakota Corporation; Building Sprinkler Co., Inc., a North Dakota Corporation; Plaintiffs and Appellants, and Apollo Piping Supply Co., a Minnesota Corporation, Plaintiff, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, A Minnesota Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided November 10, 1993.

Attorney(s) appearing for the Case

Steven J. Oberg of Lynn, Jackson, Shultz & Lebrun, Rapid City, for plaintiffs and appellants.

Joseph M. Butler of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellee.

HENDERSON, Justice.

A group of suppliers of construction materials appeals a circuit court's summary judgment order dismissing their action to recover on a payment bond. We affirm.

FACTS

Corner Construction Company (hereinafter "Corner Construction") was selected as the prime contractor for the Pennington County Jail Project (hereinafter "jail project"). Corner Construction entered into a plumbing subcontract with William Smith, d/b/a The...

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