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  5. 662 S.W.2d 161 (1983)
 

ZACK BURKETT CO. v. INDUSTRIAL INDEM. CO.

No. 2-83-057-CV.

662 S.W.2d 161 (1983)

ZACK BURKETT COMPANY, Appellant, v. INDUSTRIAL INDEMNITY COMPANY, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied January 4, 1984.

Attorney(s) appearing for the Case

Jennings, Dies & Turner, Frank Jennings and David W. Knight, Graham, for appellant.

Fillmore and Associates, H. Dustin Fillmore and Richard L. Scheer, Fort Worth, for appellee.

Before HUGHES, ASHWORTH and JOE SPURLOCK, II, JJ.

OPINION

ASHWORTH, Justice.

Appellant, Zack Burkett Company, sued M.J. Lang Construction Company, Inc., the general contractor, (Lang) and Industrial Indemnity Company (appellee) for collection against a statutory payment bond of a claim in the amount of $122,360.03 for labor and materials furnished in connection with the construction of a parking lot. Appellant also sought reasonable attorney's fees.

The trial court concluded after trial of the case...

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