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CEMEX CONSTRUCTION MATERIALS SOUTH, LLC v. FALCONE BROTHERS & ASSOCIATES, INC.

No. 2 CA-CV 2014-0044.

349 P.3d 210 (2015)

CEMEX CONSTRUCTION MATERIALS SOUTH, LLC, a foreign limited liability company, Plaintiff/Appellee, v. FALCONE BROTHERS & ASSOCIATES, INC., an Arizona Corporation, and The Guarantee Company of North America, USA, a Michigan Corporation, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

April 30, 2015.

Attorney(s) appearing for the Case

Lewis Roca Rothgerber LLP By Kimberly A. Demarchi, Phoenix, and John A. Hinderaker, Tucson, Counsel for Plaintiff/Appellee.

Vingelli & Errico, Tucson By Michael J. Vingelli, William E. Druke, Tucson, Co-Counsel for Defendants/Appellants.

Quarles & Brady LLP By Craig H. Kaufman and Deanna Conn, Tucson, Counsel for Amicus Curiae Arizona Rock Products Association.

Presiding Judge KELLY authored the opinion of the court, in which Judge HOWARD and Judge VASQUEZ concurred.

OPINION

¶1 Falcone Brothers & Associates, Inc. (Falcone) appeals from the trial court's judgment awarding damages to Cemex Construction Materials South, LLC (Cemex) for materials and labor Cemex provided to a public works construction project for which Falcone was the general contractor. Falcone argues...

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