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PETE LIEN & SONS, INC. v. ELLSWORTH PECK CONST. CO.

No. 94-203.

896 P.2d 761 (1995)

PETE LIEN & SONS, INC., d/b/a Dakota Block Company, Appellant (Plaintiff), v. ELLSWORTH PECK CONSTRUCTION CO.; and United States Fidelity and Guaranty Co., Appellees (Defendants).

Supreme Court of Wyoming.

June 9, 1995.

Attorney(s) appearing for the Case

Michael Patchen, Gillette, and Craig D. Grotenhouse, Rapid City, SD, for appellant.

Wayne R. Wilson of Wilson Law Office, Hulett, for appellees.

Before GOLDEN, C.J., and THOMAS and LEHMAN, JJ., and STEBNER and BRACKLEY, District Judges.

LEHMAN, Justice.

Appellant, Pete Lien & Sons, Inc., d/b/a/ Dakota Block Company, (Lien) appeals the district court's grant of summary judgment in favor of appellee Ellsworth Peck Construction Company (Peck) and United States Fidelity and Guaranty Company (U.S.F. & G.). Lien claims it is entitled to payment under a labor and materials bond from Peck, as principal, and U.S.F. & G., as surety, for construction materials...

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