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GENERAL ACRYLICS v. U.S. FIDELITY & GUARANTY

No. 1 CA-CIV 4700.

128 Ariz. 50 (1980)

623 P.2d 839

GENERAL ACRYLICS, an Arizona Corporation, Defendant-Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation, Defendant-Appellee.

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

Rehearing Denied January 16, 1981.

Review Denied February 3, 1981.

Attorney(s) appearing for the Case

Kanne & Bickart by Allen B. Bickart and Monbleau, Vermeire & Turley by Albert R. Vermeire, Phoenix, for defendant-appellant.

Moore, Jennings, Kepner, Scheffing & Hart by Curtis A. Jennings and John C. Rea, Phoenix, for defendant-appellee.

OPINION

JACOBSON, Judge.

This is a case of first impression in Arizona. It involves whether a surety or an unpaid subcontractor is entitled to funds remaining in the hands of the owner upon completion of a construction project performed under Arizona's Little Miller Act.

The facts are not in dispute and this matter was disposed of in the trial court by way of summary judgment. On June 1, 1976, the Tuba City...

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