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DEALERS ELEC. SUP. v. SCOGGINS CONST. CO.

No. 08-0272.

292 S.W.3d 650 (2009)

DEALERS ELECTRICAL SUPPLY CO., Petitioner, v. SCOGGINS CONSTRUCTION COMPANY, INC. and Bill R. Scoggins, Respondents.

Supreme Court of Texas.

Decided July 3, 2009.

Attorney(s) appearing for the Case

Ben L. Aderholt, Joseph Eric Virene, Looper Reed & McGraw, P.C., Houston, TX, for Petitioners.

William Kimball, Law Offices of William F. Kimball, Harlingen, TX, for Respondent.

J. Brett Busby, Bracewell & Giuliani, LLP, Lisa Childress, Houston, TX, Kelly Kunka, Waco, TX, Frank Delgado, Houston, TX, JV Lattimore III, McLinney, TX, Janis Rowe, Dallas, TX, John D. Herberger, JD Herberger & Associates, PC, Houston, TX, Misti Lachelle Beanland, Matthews Carlton Stein Sheils Pearce Dunn, Dallas, TX, William R. Allensworth, Allensworth & Porter, L.L.P., Austin, TX, for Amicus Curiae.

Justice O'NEILL delivered the opinion of the Court.

Chapter 2253 of the Texas Government Code, historically called the McGregor Act, requires a prime contractor on a public-work contract to execute a payment bond to protect laborers and materialmen who work on or supply materials for the project. See TEX. GOV'T CODE § 2253.021(a)(2). In this case, an electrical subcontractor on a bonded public-work project walked...

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