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D. W. CLARK ROAD EQUIP., INC. v. MURRAY WALTER, INC.

No. 82-410.

124 N.H. 281 (1983)

D. W. CLARK ROAD EQUIPMENT, INC. v. MURRAY WALTER, INC. AND UNITED STATES FIDELITY AND GUARANTY INSURANCE COMPANY

Supreme Court of New Hampshire.

December 16, 1983.

Attorney(s) appearing for the Case

Cleveland, Waters & Bass, of Concord (Michael C. Moyers and David W. Rayment on the brief, and Mr. Moyers orally), for the plaintiff.

James J. Bianco, Jr., of Concord, by brief and orally, for the defendants.

BROCK, J.

The defendants, Murray Walter, Inc. (Murray Walter) and United States Fidelity and Guaranty Insurance Company (USF&G) appeal from the granting of the plaintiff's motion for summary judgment, permitting the plaintiff to recover $58,282.80 on a performance bond. The plaintiff, D. W. Clark Road Equipment, Inc. (Clark) has cross-appealed from the denial of its claim for interest and attorney's fees.

The following underlying facts are not in dispute...

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