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MW BUILDERS v. VT PROPERTIES

Record No. 921923.

435 S.E.2d 145 (1993)

MW BUILDERS OF KANSAS, INC. v. VT PROPERTIES, INC., et al.

Supreme Court of Virginia.

September 17, 1993.

Attorney(s) appearing for the Case

Frank F. Sallee, Kansas City, MO (S. Sadig Gill, Wright, Robinson, McCammon, Osthimer & Tatum, Richmond, on brief), for appellant.

Shannon J. Briglia, Vienna (Jeffrey G. Gilmore, Wickwire Gavin, on brief), for appellee Nat. American Ins. Co.

Edward W. Cameron, Fairfax (Odin, Feldman & Pittleman, on brief), for appellee Metro Building Supply, Inc.

J. Martin Bass, Fredericksburg (Willis, Braxton, Ashby & Bass, on brief), for appellee VT Properties, Inc.

No brief or argument for appellees Walters Foundations, Inc., J.S. Purcell Lumber Corp., Medicorp Properties, Inc., Nations-Bank, N.A., and Southeastern Wholesale Supply Co., Inc.

Present: All the Justices.

LACY, Justice.

In this case we construe the terms of a settlement agreement reached in a mechanic's lien case to determine whether that agreement required the dismissal of a suit pending in another jurisdiction against the surety on the payment bond.

Three materialmen, Metro Building Supply, Inc., J.S. Purcell Lumber Corporation, and Southeastern Wholesale Supply Company, Inc., provided materials to VT Properties, Inc. (VT) for use in a construction project...

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