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VANSANT AND GUSLER, INC. v. WASHINGTON

Record No. 921223.

429 S.E.2d 31 (1993)

VANSANT AND GUSLER, INCORPORATED v. James R. WASHINGTON, et al.

Supreme Court of Virginia.

April 16, 1993.

Attorney(s) appearing for the Case

Marshall T. Bohannon, Jr., Norfolk (Bohannon, Bohannon & Hancock, on brief), for appellant.

Robert E. Brown, Norfolk (Howell, Daugherty, Brown & Lawrence, on brief), for appellees.

Present: All the Justices.

COMPTON, Justice.

The question presented in this appeal is whether a private right of action for damages exists as the result of an alleged violation of Code § 43-13, a criminal statute codified among the mechanics' lien laws.

At the time of this controversy, the statute provided:

"Any contractor or subcontractor or any officer, director or employee of such contractor or subcontractor who shall, with...

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