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BETHLEHEM REBAR INDUS. v. FID. AND DEPOSIT CO.

No. 89-206-Appeal.

582 A.2d 442 (1990)

BETHLEHEM REBAR INDUSTRIES, INC. v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND.

Supreme Court of Rhode Island.

November 19, 1990.

Attorney(s) appearing for the Case

Joseph J. Reale, Jr., Visconti & Petrocelli, Ltd., Providence, for plaintiff.

Cornelius J. Moynihan, Jr., Peabody & Brown, Boston, Mass., Sue Zanne Worrell, Peabody & Brown, Providence, for defendant.

OPINION

MURRAY, Justice.

This case concerns the plaintiff's claim on a materialman's bond as furnished by the defendant, Fidelity and Deposit Company of Maryland (Fidelity). The plaintiff, Bethlehem Rebar Industries, Inc. (Bethlehem), is appealing the grant of Fidelity's motion to dismiss under Rule 12(b)(6) of the Superior Court Rules of Civil Procedure.

The construction involved in this case is the erection of the State Administrative Building...

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