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HALL v. UNITED STATES FIDELITY & GUARANTY

436 A.2d 863 (1981)

George C. HALL v. UNITED STATES FIDELITY & GUARANTY COMPANY.

Supreme Judicial Court of Maine.

Decided October 29, 1981.

Attorney(s) appearing for the Case

Little & Watkinson, Stephen A. Little (orally), Rockland, for plaintiff.

Bernstein, Shur, Sawyer & Nelson, John M. R. Paterson (orally), William W. Willard, Portland, for U. S. Fidelity & Guaranty Co.

Limberis & MacDonald, George Limberis, Bangor, for Libby Const.

Before McKUSICK, C. J., and GODFREY, NICHOLS, ROBERTS, CARTER, VIOLETTE and WATHEN, JJ.

CARTER, Justice.

The plaintiff-supplier, George C. Hall, brought this action against the contractor, Libby Construction Company, Inc. (Libby), and against Libby's surety, United States Fidelity & Guaranty Company (Fidelity), alleging that he had not been paid for materials supplied to Libby, and that Fidelity was also liable pursuant to its Contract Payment Bond with Libby. The Superior Court (Cumberland County) awarded Hall judgment for $24,510.35 against Libby...

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