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LAWLESS v. ST. PAUL FIRE & MARINE INSURANCE CO.

No. 7778.

100 Ariz. 392 (1966)

415 P.2d 97

Thomas J. LAWLESS, Appellant, v. ST. PAUL FIRE & MARINE INSURANCE CO., a corporation, Appellee.

Supreme Court of Arizona. In Banc.

June 10, 1966.

Attorney(s) appearing for the Case

James L. DeSouza, Phoenix, for appellant.

Shimmel, Hill, Kleindienst & Bishop, by Richard E. Norling, Phoenix, for appellee.

UDALL, Justice.

This is an action in which the plaintiff, surety, a Minnesota corporation authorized and doing business in the states of Arizona and California, sought to recover from defendant on a subdivision and tract improvement bond, pursuant to which the plaintiff alleged it had to pay the city of Anaheim, California, $5,974.75 as well as attorneys' fees based on the alleged fact that defendant failed and neglected and refused to faithfully perform a contract...

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