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CAPITOL INDEM. v. KIRBY REST. EQUIP.

No. 04-04-00754-CV.

170 S.W.3d 144 (2005)

CAPITOL INDEMNITY CORPORATION, Appellant, v. KIRBY RESTAURANT EQUIPMENT AND CHEMICAL SUPPLY COMPANY, INC., Appellee.

Court of Appeals of Texas, San Antonio.

June 8, 2005.

Attorney(s) appearing for the Case

Ian M. McLin, Roy L. White, Shaddox, Compere, Walraven & Goode, P.C., San Antonio, for appellant.

Stephen J. Johnson, Hatzenbuehler General Contractors, Inc., San Antonio, for appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, KAREN ANGELINI, Justice, PHYLIS J. SPEEDLIN, Justice.

OPINION

Opinion by PHYLIS J. SPEEDLIN, Justice.

Capitol Indemnity Corporation appeals from a final judgment against it in a suit to recover on a payment bond. See TEX. GOV'T CODE ANN. § 2253.073 (Vernon 2000). We affirm the trial court's judgment.

BACKGROUND

In February 2001, Capitol Indemnity Corporation issued a payment bond on a public works project pursuant to Texas Government Code Chapter 2253 for a project involving additions...

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