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TOWN OF RUTLAND v. CITY OF RUTLAND

No. 97-430.

743 A.2d 585 (1999)

TOWN OF RUTLAND v. CITY OF RUTLAND, East Mountain Land Company and John A. Russell Corp.

Supreme Court of Vermont.

October 22, 1999.

Attorney(s) appearing for the Case

Mark L. Sperry and Kevin E. Brown of Langrock Sperry & Wool, Middlebury, for Plaintiff-Appellee.

Paul S. Kulig and Katherine G. Buchanan (On the Brief) of Keyser, Crowley, Carroll, George & Meub, P.C., Rutland, for Defendants-Appellants.

Present AMESTOY, C.J., and DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ.

JOHNSON, J.

Defendants East Mountain Company and John A. Russell Corporation appeal the superior court's ruling that a water line under Gleason Road in the Town of Rutland is the property of the Town. John A. Russell Corp. (Russell) was the general contractor for a development owned by East Mountain Company and installed the water line at issue. After a dispute with the Town over whether it would compensate Russell/East Mountain for the line, East Mountain agreed...

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