NICHOLS, Justice.
Roy P. Crane was sued as surety on the bond of David Parker and Parker was named as a third party defendant. Both Crane and Parker filed defenses to the action which included an attack upon the constitutionality of an Act of the General Assembly. Thereafter all parties filed motions for summary judgments. The trial court overruled the plaintiff's motion and granted those of the defendants expressly sustaining the attack on the constitutionality of...
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