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HANSON AGGREGATES ARIZ. v. RISSLING CONST.

No. 1 CA-CV 03-0633.

127 P.3d 910 (2006)

212 Ariz. 92

HANSON AGGREGATES ARIZONA, INC., an Arizona corporation, Plaintiff-Appellant, v. RISSLING CONSTRUCTION GROUP, INC.; Western Surety Company, a foreign corporation, Defendants-Appellees.

Court of Appeals of Arizona, Division One, Department C.

February 2, 2006.

Attorney(s) appearing for the Case

Jeffery M. Hall, P.L.C. By Jeffery M. Hall and Snell & Wilmer, L.L.P. By James J. Sienicki, Martha E. Gibbs, Phoenix, Attorneys for Plaintiff-Appellant.

Burch & Cracchiolo, P.A. By Michael S. Dulberg, Phoenix, Attorneys for Defendants-Appellees.

OPINION

SNOW, Judge.

¶ 1 Hanson Aggregates Arizona, Inc. appeals the trial court's dismissal of its action against a surety bond posted by Rissling Construction Group, Inc. and Western Surety Company. The trial court dismissed the claim finding that the bond had been discharged and Rissling and Western released due to Hanson's failure to initiate an action against the bond within six months of recording its lien. For the following reasons, we reverse...

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