SCA CONST. SUPPLY v. AETNA CAS. & SUR.

No. 1 CA-CIV 9031.

155 Ariz. 281 (1987)

746 P.2d 22

SCA CONSTRUCTION SUPPLY, Plaintiff-Appellant, v. AETNA CASUALTY AND SURETY COMPANY, Defendant-Appellee.

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

Review Granted December 15, 1987.


Attorney(s) appearing for the Case

William K. Whissen, Phoenix, for plaintiff-appellant.

Jennings, Kepner & Haug by Curtis A. Jennings, and Davis and Meyers by Douglas G. Wymore, Phoenix, for defendant-appellee.


OPINION

KLEINSCHMIDT, Judge.

This is an appeal from a judgment granting a motion to dismiss a claim for failure to join an indispensable party. The issue is whether a claimant on a payment bond furnished for a public construction project may bring an action on the bond without suing the general contractor. Because we hold that the claimant need not join the general contractor, we reverse and remand for further proceedings.

SCA Construction Supply ...

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