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TUCKER MATERIALS v. DEVITO CONTRACTING

No. A00A0862.

535 S.E.2d 858 (2000)

245 Ga. App. 309

TUCKER MATERIALS (GEORGIA), INC. v. DEVITO CONTRACTING & SUPPLY, INC. et al.

Court of Appeals of Georgia.

Reconsideration Denied July 25, 2000.

Certiorari Denied October 27, 2000.

Attorney(s) appearing for the Case

Rachelson & White, Ira L. Rachelson, John T. Lueder, Atlanta, for appellant.

Porter & Barrett, Brenda K. Orrison, Atlanta, for appellees.

PHIPPS, Judge.

Tucker Materials (Georgia), Inc. sued on a payment bond issued by Ulico Casualty Company for Devito Contracting & Supply, Inc. Tucker appeals the grant of summary judgment to Ulico and the denial of summary judgment to itself. Because we find that Tucker's action was time-barred by a limitation provision in the payment bond, we affirm.

In January 1997, Devito entered a contract with Ramesh Patel to build the Lawrenceville Best Western Hotel...

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