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BUTCH RANDOLPH & ASSOC. v. INTERNAT. FID.

No. 1 CA-CV 05-0171.

136 P.3d 232 (2006)

212 Ariz. 550

BUTCH RANDOLPH & ASSOCIATES, INC., an Arizona corporation, Plaintiff/Appellee, v. INTERNATIONAL FIDELITY INSURANCE COMPANY, a New Jersey surety, Defendant/Appellant.

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

June 13, 2006.

Attorney(s) appearing for the Case

Dillingham & Reynolds, L.L.P. By John L. Dillingham, Phoenix, Attorneys for Appellee.

Jennings Haug & Cunningham, L.L.P. By Chad L. Schexnayder, Matthew H. Sloan, William F. Begley, Phoenix, Attorneys for Appellant.

OPINION

LANKFORD, Presiding Judge.

¶ 1 A surety, International Fidelity Insurance Company, appeals a summary judgment in favor of a subcontractor, Butch Randolph & Associates, Inc. The issue on appeal is whether the subcontractor is disqualified from recovery of the value of materials against the surety's construction payment bond because subcontractor is not a licensed contractor. We affirm the judgment for the subcontractor because it was not...

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