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PIKE INDUSTRIES, INC. v. MIDDLEBURY ASSOCIATES

No. 427-79.

436 A.2d 725 (1980)

PIKE INDUSTRIES, INC. v. MIDDLEBURY ASSOCIATES, Middlebury Developers, Inc., R.E. Bean Construction Co., Inc., Trustees of Hanover Square Realty Investors.

Supreme Court of Vermont.

Reargument Granted January 30, 1981.

Opinion On Reargument August 14, 1981.

Reargument Denied September 30, 1981.

Attorney(s) appearing for the Case

Karl W. Neuse, Middlebury, for amicus curiae Pitcher Associates.

W. Edson McKee, Montpelier, for plaintiff.

John A. Kelley, Middlebury, and Peter S. Gilfillan and Philip Abramowitz of Gross, Shuman, Brizdle, Laub & Gilfillan, P. C., Buffalo, N.Y., for Middlebury Associates and Middlebury Developers, Inc.

John H. Carnahan and J. Eric Anderson of Fitts, Olson, Carnahan, Anderson & Bump, Brattleboro, for R. E. Bean Constr. Co.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.

BARNEY, Chief Justice.

This is the second appeal in this case. The plaintiff, Pike Industries, Inc. (Pike), is still seeking to recover for paving work done as part of a Middlebury shopping center. An earlier hearing here led to a remand. Pike Industries, Inc. v. Middlebury Associates, 136 Vt. 588, 398 A.2d 280 (1979).

Middlebury Associates and Middlebury Developers, Inc. (Middlebury) are two interrelated organizations...

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