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ARIZONA LABORERS, ETC. v. NEW PUEBLO CONSTR.

No. 2 CA-CIV 4063.

131 Ariz. 278 (1982)

640 P.2d 209

ARIZONA LABORERS, TEAMSTERS AND CEMENT MASONS LOCAL 395 HEALTH AND WELFARE TRUST FUND, a Trust; Arizona Laborers, Teamsters and Cement Masons Local 395 Pension Trust Fund, a Trust; Laborers and Cement Masons Local 395 Savings Fund, a Trust; and Laborers Joint Training Fund, a Trust, Plaintiffs/Appellees, v. NEW PUEBLO CONSTRUCTORS, INC., and the Travelers Indemnity Company, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

January 19, 1982.

Attorney(s) appearing for the Case

Ward & Keenan, Ltd. by David L. Niederdeppe, Phoenix, for plaintiffs/appellees.

Molloy, Jones, Donahue, Trachta, Childers & Mallamo, P.C. by D. Michael Mandig and Earl F. Daniels III, Tucson, for defendants/appellants.

OPINION

HATHAWAY, Judge.

This is an appeal from a summary judgment in favor of the plaintiff trust funds on their claim to a general contractor's payment bond, pursuant to A.R.S. § 34-223.

Defendant New Pueblo Constructors contracted with the Arizona Department of Transportation to work on the Tucson-Nogales highway. According to statute, it obtained a bond from defendant Travelers Indemnity Company. New Pueblo subcontracted work on this project...

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