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  5. 266 S.W.2d 835 (1954)
 

STATE EX REL. BERRY ASPHALT CO. v. WESTERN SURETY CO.

No. 5-350.

266 S.W.2d 835 (1954)

STATE ex rel. BERRY ASPHALT CO. et al. v. WESTERN SURETY CO. et al.

Supreme Court of Arkansas.

Concurring Opinion April 5, 1954.

Rehearing Denied May 3, 1954.

Attorney(s) appearing for the Case

Tompkins, McKenzie & McRae, Prescott, for appellants.

H. B. Stubblefield, Little Rock, for appellees.

GEORGE ROSE SMITH, Justice.

This is a suit brought by the appellant, Berry Asphalt Company, (a) to recover judgment for $5,023 for asphalt sold to the North Little Rock Asphalt Company, a corporation that is now insolvent, (b) to recover $1,910 of this account from Western Surety Company, as surety upon a contractor's bond executed by the insolvent company, and (c) to reach by equitable garnishment the sum of $300 which Street Improvement District No. 567 of...

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