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U.S. FID. & GUAR. CO. v. ARIZ. ST. CARPENTERS

No. 1 CA-CIV 3159.

120 Ariz. 79 (1978)

584 P.2d 60

UNITED STATES FIDELITY AND GUARANTY CO., a Maryland Corporation, Appellant, v. ARIZONA STATE CARPENTERS HEALTH AND WELFARE TRUST FUND, a Trust, Arizona State Carpenters Pension Trust Fund, a Trust, Arizona State Carpenters Vacation Savings Trust Fund, a Trust, and Carpenters Joint Apprentice Program, a Trust, Appellees.

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

Rehearing Denied July 10, 1978.

Review Denied September 7, 1978.

Attorney(s) appearing for the Case

Moore & Romley by Robert A. Scheffing, Phoenix, for appellant.

Minne & Sorenson by Richard Minne, Phoenix, for appellees.

OPINION

JACOBSON, Judge.

The primary issue on appeal is whether a trust fund administered by a union representing a contractor's employees may recover on the contractor's license bond for contributions owed to the fund by the contractor.

The appellant, United States Fidelity and Guaranty Co. (USF&G), is the surety on a bond issued for Walmart Enterprises, Inc. (Walmart). Walmart was engaged in the construction...

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