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  5. 877 S.W.2d 538 (1994)
 

COMMERCIAL UNION INS. CO. v. SPAW-GLASS CORP., INC.

No. 3-93-517-CV.

877 S.W.2d 538 (1994)

COMMERCIAL UNION INSURANCE COMPANY, Appellant, v. SPAW-GLASS CORPORATION, INC., a/k/a Spaw-Glass Holdings, Inc., a/k/a Spaw-Glass Cahaba, S.A., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled July 6, 1994.

Attorney(s) appearing for the Case

David L. Brenner, Wilson, Grosenheider & Burns, Austin, for appellant.

Susan P. Burton, Clark, Thomas & Winters, Austin, for appellee.

Before ABOUSSIE, KIDD and B.A. SMITH, JJ.

BEA ANN SMITH, Justice.

Appellee Spaw-Glass Corporation, Inc. contracted with Judson Independent School District to complete construction of Judson High School in San Antonio. Appellant Commercial Union Insurance Company was the surety for Kleck Plumbing HVAC, a subcontractor on the project whose default left certain suppliers unpaid. To mitigate damages under its performance and payment bonds, Commercial Union funded Kleck's remaining obligations under its contract...

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