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WESTERN SUR. CO. v. APAC-SOUTHEAST, INC.

No. A09A2342.

691 S.E.2d 234 (2010)

WESTERN SURETY COMPANY et al. v. APAC-SOUTHEAST, INC.

Court of Appeals of Georgia.

Reconsideration Denied March 8, 2010.

Attorney(s) appearing for the Case

Thompson, Slagle & Hannan, Jefferson B. Slagle, McRae, Stegall, Peek, Harman, Smith & Mannin, Michael D. McRae, Robert T. Monroe, Rome, for appellants.

Toler & Hanrahan, Timothy N. Toler, Mark V. Hanrahan, Atlanta, for appellee.

ANDREWS, Presiding Judge.

This dispute arose when APAC-Southeast, Inc., a provider of asphalt, assigned its subcontract with Bruce Albea Contracting, Inc. to C.W. Matthews Contracting Company, Inc. before the completion of a road project for the Georgia Department of Transportation. Although the subcontract specified that it could not be assigned, and although Matthews did not finish the project, APAC sued Albea and its sureties, Western Surety Company and Continental...

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