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CEMEX CONSTRUCTION MATERIALS SOUTH, LLC v. FALCONE BROTHERS & ASSOCIATES, INC.

No. 2 CA-CV 2014-0044.

349 P.3d 210 (2015)

CEMEX CONSTRUCTION MATERIALS SOUTH, LLC, a foreign limited liability company, Plaintiff/Appellee, v. FALCONE BROTHERS & ASSOCIATES, INC., an Arizona Corporation, and The Guarantee Company of North America, USA, a Michigan Corporation, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

April 30, 2015.

Attorney(s) appearing for the Case

Lewis Roca Rothgerber LLP By Kimberly A. Demarchi , Phoenix, and John A. Hinderaker , Tucson, Counsel for Plaintiff/Appellee.

Vingelli & Errico, Tucson By Michael J. Vingelli , William E. Druke , Tucson, Co-Counsel for Defendants/Appellants.

Quarles & Brady LLP By Craig H. Kaufman and Deanna Conn , Tucson, Counsel for Amicus Curiae Arizona Rock Products Association.

Presiding Judge KELLY authored the opinion of the court, in which Judge HOWARD and Judge VASQUEZ concurred.

OPINION

¶1 Falcone Brothers & Associates, Inc. (Falcone) appeals from the trial court's judgment awarding damages to Cemex Construction Materials South, LLC (Cemex) for materials and labor Cemex provided to a public works construction project for which Falcone was the general contractor. Falcone argues...

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