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INSURANCE CO. v. GENSTAR

No. 99, September Term, 1994.

338 Md. 161 (1995)

INSURANCE COMPANY OF NORTH AMERICA v. GENSTAR STONE PRODUCTS COMPANY.

Court of Appeals of Maryland.

April 14, 1995.

Attorney(s) appearing for the Case

Douglas G. Worrall (Roderick R. Barnes, Smith, Somerville & Case, on brief) Baltimore, for appellant.

Edward J. Gilliss (Royston, Mueller, McClean & Reid, on brief) Towson, amicus curiae.

Thomas F. McDonough (Royston, Mueller, McClean & Reid, on brief) Towson, for appellee.

Argued before ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL and RAKER, JJ., and JOHN F. McAULIFFE, Judge (Retired, Specially Assigned).

RODOWSKY, Judge.

Here, a materials supplier to a subcontractor on a public school construction project sues on the prime contractor's payment bond required under the Maryland Little Miller Act (the Act), Maryland Code (1985, 1995 Repl.Vol.), §§ 17-101 through 17-110 of the State Finance and Procurement Article. The surety contends that the supplier's notice to the prime contractor, required by § 17-108(b)(1) of the Act, was untimely. Under the surety...

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