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STATE v. ROGERS

No. 1929.

193 A.2d 920 (1963)

STATE of Vermont v. Lawrence C. ROGERS et al.

Supreme Court of Vermont. Washington.

Reargument Denied October 1, 1963.

Attorney(s) appearing for the Case

Louis P. Peck, Legal Asst. to Atty. Gen., Montpelier, for the State.

Gelsie J. Monti, Barre, for Casellini-Venable Corp.

Black & Plante, White River Junction, for American Fidelity Co.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Joseph Kovner and George F. Lynch, Washington, D. C., for the United States.

Before HULBURD, C. J., and HOLDEN, SHANGRAW, BARNEY and SMITH, JJ.

BARNEY, Justice.

At the request of the parties disposition of this appeal was stayed pending the determination of a related case entitled Casellini-Venable Corporation v. Rogers, Vt., 192 A.2d 458, heard at the January Term, 1963.

This is an action of interpleader instituted by the State of Vermont. The defendant Rogers was a contractor who defaulted in performance of a road construction contract. As a consequence, his surety...

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