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METAL MFG., INC. v. J.R. PORTER CONST.

No. 2 CA-CIV 5068.

141 Ariz. 412 (1984)

687 P.2d 937

METAL MANUFACTURING, INC., an Arizona corporation, Plaintiff/Appellant, v. J.R. PORTER CONSTRUCTION, INC., an Arizona corporation; United Pacific Insurance Company, a foreign corporation, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Review Denied September 25, 1984.

Attorney(s) appearing for the Case

Russo, Cox, Dickerson, Butler & Russo, P.C. by Karl MacOmber, Tucson, for plaintiff/appellant.

Ryley, Carlock & Applewhite by James M. Marlar and Richard E. Oney, Phoenix, for defendants/appellees.

OPINION

BIRDSALL, Chief Judge.

The trial court decided this case on stipulated facts entering judgment in favor of the defendant-appellee United Pacific Insurance Company. The action was brought by the plaintiff-appellant to recover on the contractor's bond written by the appellee for J.R. Porter Construction, Inc. Although nominally an appellee, this appeal does not involve the construction company. The trial court's ruling was based on a statute of limitations...

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