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COM. to use WALTERS T.S. v. NAT. U.F.I. CO.

434 Pa. 235 (1969)

Commonwealth to use Walters Tire Service, Inc. v. National Union Fire Insurance Company, Appellant.

Supreme Court of Pennsylvania.

April 23, 1969.

Attorney(s) appearing for the Case

Robert F. McCabe, Jr., with him James M. McCandless, for appellant.

John L. Laubach, Jr., with him Jack W. Plowman, and Kenney, Stevens, Clark & Semple, and Plowman & Spiegel, for appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE JONES, April 23, 1969:

These two cases, consolidated for trial in the Court of Common Pleas of Allegheny County, involve substantially the same factual situation. Walters Tire Service, Inc. (Walters) brought suits against appellant, National Union Fire Insurance Company (National) as surety on a labor and material payment bond given in each case by the Indyk Brothers Construction Company (Indyk) in connection with contracts for certain excavation...

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