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SULLIVAN v. R.E. BEAN CONST. CO., INC.

No. 83-633.

515 A.2d 1063 (1986)

Michael J. SULLIVAN v. R.E. BEAN CONSTRUCTION CO., INC., Middlebury Developers, Inc., Middlebury Associates, United Pacific Insurance Co., and United States Fidelity and Guaranty Co.

Supreme Court of Vermont.

August 8, 1986.

Attorney(s) appearing for the Case

John R. Barrera of Conley & Foote, Middlebury, for plaintiff-appellee.

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

Olin R. McGill Jr. of Kelley & Meub, Ltd., Middlebury, for trustee-appellee Middlebury Associates.

Before HILL, PECK and HAYES, JJ., and KEYSER and DALEY, JJ. (Ret.), Specially Assigned.

PECK, Justice.

This is an appeal of two orders of the Addison Superior Court disbursing to plaintiff, Michael J. Sullivan, funds from a bond paid into the court by United Pacific Insurance Company (United Pacific) as surety for two associated entities—Middlebury Developers, Inc. and Middlebury Associates (referred to herein collectively as the Middlebury developers). We reverse.

I.

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