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JOHNSON SERVICE CO. v. GLAUBKE CONSTRUCTION CO., INC.

193 S.E.2d 655 (1973)

JOHNSON SERVICE COMPANY v. GLAUBKE CONSTRUCTION CO., INC., and Fidelity and Deposit Company of Maryland.

Supreme Court of Virginia.

January 15, 1973.

Attorney(s) appearing for the Case

Grover C. Outland, Jr., Norfolk (Outland & Gray, Norfolk, on brief), for plaintiff in error.

A. J. Kalfus, Norfolk (Arnold H. Abrons, Cooper & Cooper, Norfolk, on brief), for defendants in error.

Before SNEAD, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

PER CURIAM.

We decide here whether the limitation period for bringing a direct action against a general contractor on a public project and the surety on its bond by one supplying labor and materials to a subcontractor is controlled by the provisions of Code § 11-23 as it existed on December 16, 1969, or by the limitation period provided in the amendment to this section effective on June 26, 1970.

Glaubke Construction Company had a contract with the City...

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