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HARTFORD ACC. & INDEM. CO. v. PHOENIX SAND & ROCK, INC.

No. 1 CA-CIV 3352.

116 Ariz. 366 (1977)

569 P.2d 308

HARTFORD ACCIDENT AND INDEMNITY COMPANY, a Foreign Insurance Corporation, Appellant, v. PHOENIX SAND & ROCK, INC., an Arizona Corporation, Appellee.

Court of Appeals of Arizona, Division 1, Department A.

September 13, 1977.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by M. Byron Lewis and William F. Haug, Phoenix, for appellant.

Smith, Riggs, Buckley, Riggs & Fuller by Donald O. Fuller, Mesa, for appellee.

OPINION

HAIRE, Judge.

The questions urged on this appeal arise from the trial court's denial of appellant Hartford's motion to permanently stay execution of a judgment obtained against it in its capacity as a surety on a statutory contractor's bond posted pursuant to A.R.S. § 32-1152. The judgment had previously been entered in favor of appellee Phoenix Sand & Rock, Inc., against Hartford for "the sum of $4,122.99 or the unexhausted penalty of...

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