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FRANK W. WHITCOMB CONST. v. CEDAR CONST. CO.

No. 82-003.

459 A.2d 985 (1983)

FRANK W. WHITCOMB CONSTRUCTION CORP. v. CEDAR CONSTRUCTION CO., Westway Mall, and McCormick, Medlin and Sullivan.

Supreme Court of Vermont.

February 14, 1983.

Attorney(s) appearing for the Case

Black, Black & Shreve, White River Junction, for plaintiff-appellee.

Sullivan & McClallen, Rutland, for defendants-appellants Westway Mall.

Before BARNEY, C.J., and BILLINGS, HILL, UNDERWOOD and PECK, JJ.

BARNEY, Chief Justice.

The plaintiff, a paving subcontractor, was not fully paid by the general contractor, Cedar Construction Co., and brought suit for the balance against Cedar Construction, Westway Mall and its partners, McCormick, Medlin and Sullivan. Westway was having a shopping center built and had contracted with Cedar to build it. Westway contracted only with Cedar; Cedar, in turn, independently entered into agreements with numerous subcontractors and materialmen...

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