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TRAVELERS INDEM. CO. v. CAPITOL CITY HAULERS, INC.

Civ. 2376.

393 So.2d 1012 (1980)

The TRAVELERS INDEMNITY COMPANY, a corporation v. CAPITOL CITY HAULERS, INC., a corporation.

Court of Civil Appeals of Alabama.

December 3, 1980.

Attorney(s) appearing for the Case

W. Stancil Starnes of Starnes & Atchison, Birmingham, and Charles B. Paterson of Ball, Ball, Duke & Matthews, Montgomery, for appellant.

Thomas T. Gallion, III, of Gallion & Gallion, Montgomery, for appellee.

EDWARD N. SCRUGGS, Retired Circuit Judge.

This civil action by Capitol City Haulers (C.C.H. or plaintiff) was upon a public works bond issued by Travelers Indemnity Company (Travelers or defendant) pursuant to § 39-1-1 of the Code of Alabama (1975).

The plaintiff, a trucking firm, sought to recover $9,217.73 as the balance due on charges for delivering sand to Southeast Contractors (Southeast) in the first quarter of 1979 at the rate of $3.50 per ton...

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