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YORK-SHIPLEY, INC. v. AIR CONDITIONING CONTRACTORS

Civ. A. No. 78-1787A.

470 F.Supp. 56 (1979)

YORK-SHIPLEY, INC., Plaintiff, v. AIR CONDITIONING CONTRACTORS, INC., and United States Fidelity & Guaranty Company, et al., Defendants. FOSTER & COOPER, INC., Defendant and Third-Party Plaintiff, v. BALBOA INSURANCE COMPANY, Third-Party Defendant.

United States District Court, N. D. Georgia, Atlanta Division.

March 8, 1979.

Attorney(s) appearing for the Case

Wayne H. Lazarus, John H. Watson, Stokes, Lazarus & Stokes, Atlanta, Ga., for plaintiffs.

J. Alexander Porter, Swift, Currie, McGhee & Hiers, Atlanta, Ga., for defendants Foster & Cooper, Inc. and U. S. Fidelity & Guaranty Co.

Macey & Zusmann, H. William Cohen, Steve Schaikewitz, Atlanta, Ga., for defendant Air Conditioning Contractors, Inc.

DeWitte Thompson, Atlanta, Ga., for Balboa Ins. Co.

ORDER

RICHARD C. FREEMAN, District Judge.

This is a diversity action by a supplier of materials to recover on a payment bond issued in connection with a project known as the Atlanta Airport-Field Maintenance Project. The plaintiff has sued Foster & Cooper, Inc., the general contractor, and United States Fidelity Guaranty Company, the surety, along with the subcontractor, alleging that Ga.Code § 23-1708 affords it a cause of action even though no...

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