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HINKLE METALS & SUPPLY CO. v. OH. CAS. INS.

2030753.

909 So.2d 843 (2005)

HINKLE METALS & SUPPLY COMPANY, INC. v. OHIO CASUALTY INSURANCE COMPANY.

Court of Civil Appeals of Alabama.

March 18, 2005.

Attorney(s) appearing for the Case

Gilbert L. Fontenot of Maples & Fontenot, LLP, Mobile, for appellant.

L. Graves Stiff III and Brian A. Dodd of Starnes & Atchison, LLP, Birmingham, for appellee.

Troy King, atty. gen., and Andrew Hamilton Smith, asst. atty. gen., for amicus curiae Alabama Board of Heating & Air Conditioning Contractors, in support of the appellee.

CRAWLEY, Presiding Judge.

On March 28, 2003, Hinkle Metals & Supply Company, Inc. ("Hinkle Metals"), sued Ohio Casualty Insurance Company ("the insurance company"), alleging that the insurance company was liable on a bond it had issued on behalf of Hubert D. Fendley. Additionally, Hinkle Metals alleged that it was an intended third-party beneficiary of the bond. At the March 10, 2004, trial, the parties entered a joint stipulation of undisputed facts. On March...

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