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TIOGA CO. COMMRS., to Use v. C. DAVIS, INC.

439 Pa. 285 (1970)

Tioga County Commissioners, to use, Appellant, v. C. Davis, Inc.

Supreme Court of Pennsylvania.

July 2, 1970.

Attorney(s) appearing for the Case

Stephen R. Bolden, with him Fell, Spalding, Goff & Rubin, for appellant.

Herbert A. Barton, with him Swartz, Campbell & Detweiler, for appellee.

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

OPINION BY MR. JUSTICE ROBERTS, July 2, 1970:

On August 30, 1965, C. Davis, Inc. entered into a contract with the County Commissioners of Tioga County, under the terms of which Davis agreed to perform certain excavation work at the March Creek Water Shed Flood Project in Wellsboro, Pennsylvania. As a condition of this contract, Davis was required to post a Contractor's Payment Bond to protect all persons supplying labor or material in the prosecution of the work....

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