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R.E. MONKS CONST. v. AETNA CAS. & SUR.

No. 1CA-CV96-0477.

944 P.2d 517 (1997)

189 Ariz. 575

R.E. MONKS CONSTRUCTION COMPANY, a Colorado corporation, Plaintiff-Appellant, v. AETNA CASUALTY & SURETY COMPANY, a foreign corporation, Defendant-Appellee.

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

August 26, 1997.

Attorney(s) appearing for the Case

Guy Wm. Bluff, P.C. by Guy Wm. Bluff and Bruce A. Smidt, Phoenix, for Plaintiff-Appellant.

Jones, Skelton & Hochuli by Eileen J. Dennis and James J. Osborne, Phoenix, for Defendant-Appellee.

VOSS, Judge.

Appellant R.E. Monks Construction Company (Monks) appeals from the trial court's entry of judgment in favor of Appellee Aetna Casualty & Surety Company (Aetna) on the ground that Monks did not timely file suit on the statutory payment bond Aetna issued as surety for JWJ Contracting Company (JWJ). We affirm.

FACTS AND PROCEDURAL HISTORY

The parties stipulated to the following facts. On October...

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