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FIDELITY & GUAR. INS. v. DREWERY CONST. CO.

No. 05-0295.

186 S.W.3d 571 (2006)

FIDELITY AND GUARANTY INSURANCE COMPANY, Petitioner, v. DREWERY CONSTRUCTION COMPANY, INC., Respondent.

Supreme Court of Texas.

February 24, 2006.

Attorney(s) appearing for the Case

Douglas J. McCarver, Nacogdoches, for Respondent.

Gregory M. Weinstein, Shawn Malcolm McCaskill, Dennis M. Weinstein, Godwin Gruber, LLP, Julia F. Pendery, Daon M. Ward, Godwin Pappas Langley Ronquillo, LLP, Dallas, for Petitioner.

PER CURIAM.

In this suit on a surety bond, Drewery Construction Company, Inc., a subcontractor, obtained a default judgment for $158,131.05 plus interest and attorney's fees against Fidelity and Guaranty Insurance Company, surety for the general contractor, JenCra, Inc. Fidelity filed a motion for new trial explaining that the service papers had been lost. The trial court denied the motion, and the court of appeals affirmed. 188 S.W.3d 672

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