Cowart Iron Works, Inc. v. Phillips Construction Co.

ORDER

BOWEN, District Judge.

First defendant, Phillips Construction Company, Inc. [Phillips] entered into a general construction contract with one Donald D. Golden [Golden] to construct certain buildings and other improvements on property owned by Golden, described in plaintiff’s original complaint as 7.879 acres of land, more or less, known as Richmond Plaza Shopping Center. American Insurance Company [American], as surety for Phillips, executed a labor and material performance payment bond naming Golden as obligee. Plaintiff, Cowart Iron Works, Inc. [Cowart], brought this action in Superior…