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NAYLOR PIPE CO. v. MURRAY WALTER, INC.

No. 79-404.

120 N.H. 696 (1980)

NAYLOR PIPE COMPANY v. MURRAY WALTER, INC. AND UNITED STATES FIDELITY AND GUARANTY COMPANY

Supreme Court of New Hampshire.

October 27, 1980.

Attorney(s) appearing for the Case

Gallagher, Callahan & Gartrell, of Concord (W. John Funk orally), for the plaintiff.

Hamblett & Kerrigan, of Nashua (Randall E. Wilbert orally), for the defendants.

BROCK, J.

This is a public works construction bond case (RSA 447:16 (Supp. 1979)) in which a subcontractor's supplier is seeking to obtain the benefit of the general contractor's bond. RSA 447:17. The dispositive question raised in this appeal is whether RSA 447:16, :17 require the general contractor's surety to pay the subcontractor's supplier for materials used in a public works project where the general contractor had paid all sums due the subcontractor but because...

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