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AMERICAN CAS. OF READING v. D.L. WITHERS CONSTRUCTION

No. 1 CA-CV 02-0199.

64 P.3d 210 (2003)

204 Ariz. 382

AMERICAN CASUALTY COMPANY OF READING, PA, Plaintiff-Appellee, v. D.L. WITHERS CONSTRUCTION, L.C., an Arizona limited liability company, Defendant-Appellant.

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

March 6, 2003.

Attorney(s) appearing for the Case

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

Jennings, Haug & Cunningham, L.L.P., by D. Kim Lough, Phoenix, Attorneys for Defendant-Appellant.

OPINION

HALL, Judge.

¶ 1 In this declaratory judgment action, the trial court granted summary judgment to American Casualty of Reading, Pennsylvania ("American Casualty") because the court determined that D.L. Withers Construction, L.C. ("Withers") was not a proper claimant under a labor and material payment bond issued by American Casualty. We affirm.

BACKGROUND

¶ 2 The material facts are undisputed. Withers, the general contractor...

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