Nebraska Supreme Court March 6, 1981, 43176 (Dukane Corp. v. Sides Construction Co.)

McCown, J.

The plaintiff brought this action against the general contractor and its bonding company to recover on a

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labor and material payment bond for materials furnished to a subcontractor whose contract was canceled. Following discovery, both parties filed motions for summary judgment. The District Court granted defendants’ motion for summary judgment and dismissed plaintiff’s petition.