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FEDERAL DEPOSIT INS. CORP. v. PEABODY, N.E., INC.

(15366)

239 Conn. 93 (1996)

FEDERAL DEPOSIT INSURANCE CORPORATION v. PEABODY, N.E., INC., ET AL.

Supreme Court of Connecticut.

Officially released August 20, 1996.

Attorney(s) appearing for the Case

Gregory T. D'Auria, assistant attorney general, with whom were Lawrence Russ, assistant attorney general, and, on the brief, Richard Blumenthal, attorney general, for the appellant (third party defendant department of transportation).

James J. Myers, pro hac vice, with whom was Lawrence H. Dickson, for the appellees (defendants-third party plaintiffs).

Donald E. Frechette, for the appellee (plaintiff).

Peters, C. J., and Callahan, Borden, Berdon, Norcott, Katz and Palmer, Js.

CALLAHAN, J.

The state department of transportation (state) appeals from the trial court's denial of its motion to dismiss the complaint of the third party plaintiffs, Peabody, N.E., Inc., Peabody International Corporation and the Federal Insurance Company1 (collectively, Peabody), for lack of subject matter jurisdiction.

The state claims that the trial court improperly concluded that Peabody, a general contractor that had contracted...

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