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WESTBURNE SUPPLY v. DIVERSIFIED DESIGN

No. 1 CA-CV 90-326.

170 Ariz. 598 (1992)

826 P.2d 1224

WESTBURNE SUPPLY, INC., a Delaware corporation, Plaintiff-Appellant, v. DIVERSIFIED DESIGN AND CONSTRUCTION, INC., an Arizona corporation, Defendant-Appellee.

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

February 13, 1992.

Attorney(s) appearing for the Case

Dioguardi, Poli & Ball, Ltd. by Michael N. Poli, N. Mark Kramoltz, Phoenix, for plaintiff-appellant.

Slutes, Sakrison, Even, Grant & Pelander, P.C. by James M. Sakrison, Tucson, for defendant-appellee.

Snell & Wilmer by Jarril F. Kaplan, E. Jeffrey Walsh, Wendy S. Bouma, Phoenix, for Associated General Contractors of America — Arizona Building Chapter, amicus curiae.

OPINION

GERBER, Judge.

This appeal by the plaintiff Westburne Supply, Inc. (Westburne) from summary judgment granted in favor of the defendants Diversified Design and Construction, Inc. (Diversified) and its surety, Safeco Insurance Company of America (Safeco) involves an interpretation of Arizona's "Little Miller Act," Ariz. Rev. Stat. Ann. ("A.R.S.") § 34-221 — § 34-226. The act, as amended in 1984, requires a subcontractor to provide...

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