FID. & DEPOSIT v. LAFARGE BLDG. MATERIALS

No. A11A1320.

720 S.E.2d 288 (2011)

312 Ga. App. 821

FIDELITY AND DEPOSIT COMPANY OF MARYLAND et al. v. LAFARGE BUILDING MATERIALS, INC.

Court of Appeals of Georgia.

November 22, 2011.


Attorney(s) appearing for the Case

David Jason Merbaum , Alpharetta, for appellants.

Dietrick, Evans, Scholz & Williams, Scott A. Schweber , Atlanta, for appellee.


DILLARD, Judge.

Lafarge Building Materials, Inc. ("Lafarge") filed this action on a materialman's lien discharge bond against Talbot Construction, Inc. ("Talbot") and Fidelity and Deposit Company of Maryland ("Fidelity") (collectively, "appellants"), seeking to recover payment for building materials that Lafarge supplied to the Lake Shore Mall project (the "Project"). The parties filed cross-motions for summary judgment, and the trial court denied appellants' motion...

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