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A. EMILO BLDG. SUPPLY v. R. E. BEAN CONST. CO., INC.

No. 83-634.

503 A.2d 528 (1985)

A. EMILO BUILDING SUPPLY, INC. v. R. E. BEAN CONSTRUCTION CO., INC., Middlebury Associates and Middlebury Developers, Inc. and Union Pacific Insurance Co.

Supreme Court of Vermont.

August 9, 1985.

Attorney(s) appearing for the Case

John C. Deppman, Middlebury, for plaintiff-appellee.

Fitts, Olson, Carnahan, Anderson & Bump, Brattleboro, for defendant-appellant.

Before HILL, PECK and HAYES, JJ., and BARNEY, C.J. (Ret.), and COSTELLO, D.J. (Ret.), Specially Assigned.

BARNEY, Chief Justice (Ret.), Specially Assigned.

The plaintiff, A. Emilo Building Supply Company, was awarded funds from the proceeds of a certain bond paid into Addison Superior Court by United Pacific Insurance Company. That order was based on a summary judgment obtained without contest by the plaintiff against the defendant R.E. Bean Construction Company. This appeal challenges as insufficient the legal footing for that disbursement. We find the challenge well...

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