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BD. OF SUP'RS OF FAIRFAX CTY. v. ECOLOGY ONE

Record Nos. 770268, 770269.

245 S.E.2d 425 (1978)

BOARD OF SUPERVISORS OF FAIRFAX COUNTY and H. L. Rust Company v. ECOLOGY ONE, INC., et al.

Supreme Court of Virginia.

June 9, 1978.

Attorney(s) appearing for the Case

David T. Stitt, Asst. County Atty., Daniel Webster Coon, Washington, D. C. (Frank B. Perry, III, Frederic Lee Ruck, County Atty., Leslie J. Roos, Asst. County Atty., Phillips, Kendrick, Gearheart & Aylor, Arlington, on brief), for plaintiffs in error.

Guy O. Farley, Jr., Fairfax (Farley, Harrington & Sickels, Fairfax, on brief), for defendants in error.

No brief for Republic Ins. Co., defendant in error.

American Ins. Ass'n (John M. Edsall, Alexandria, Stanley C. Morris, Jr., Roger E. Warin, John D. Alkire, Washington, D. C., Steptoe & Johnson, Washington, D. C., on brief), amicus curiae for defendant in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

I'ANSON, Chief Justice.

This action was instituted by the Board of Supervisors of Fairfax County (County) against Ecology One, Inc., a residential housing development corporation, Forrest W. Stout, Edward Gwathmey, Jr., Buford W. Duke, Jr., R. David Winesett, Jr., and James J. Hricko, all hereinafter referred to collectively as Ecology, and Republic Insurance Company (Republic) to recover judgment jointly and severally against Ecology as principal, and Republic as...

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