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R. E. BEAN CONST. v. MIDDLEBURY, ETC.

No. 8-80.

428 A.2d 306 (1980)

R. E. BEAN CONSTRUCTION CO. v. MIDDLEBURY ASSOCIATES and Middlebury Developers, Inc.

Supreme Court of Vermont.

Motion for Reargument Denied January 30, 1981.

Attorney(s) appearing for the Case

John H. Carnahan and J. Eric Anderson of Fitts, Olson, Carnahan, Anderson & Bump, Brattleboro, for plaintiff.

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

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

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

BARNEY, Chief Justice.

This case involves the same construction project that was the subject of Pike Industries, Inc. v. Middlebury Associates, 136 Vt. 588, 398 A.2d 280 (1979), aff'd after remand (1980) (Docket No. 427-79) (decided this day). R. E. Bean Construction Co. was the general contractor retained by Middlebury Associates and Middlebury Developers, Inc., here treated...

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