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FERGUSON v. MARSHALL CONTRACTORS, INC.

No. 98-440-Appeal.

745 A.2d 147 (2000)

Daniel A. FERGUSON, et al. v. MARSHALL CONTRACTORS, INC. d.b.a. Algonquin Builders, and Bennington Iron Works. v. Ajax Construction Company.

Supreme Court of Rhode Island.

February 10, 2000.

Attorney(s) appearing for the Case

R. Daniel Prentiss, Providence, for plaintiff.

Michael Colucci, Warwick, Thomas P. Frederico, Michael T. Sullivan, Warwick, Stephen P. Harten, Providence, for defendant.

Before WEISBERGER, C.J., and LEDERBERG, BOURCIER, FLANDERS, and GOLDBERG, JJ.

OPINION

WEISBERGER, Chief Justice.

This case comes before us on an appeal by the cross-claimant, Marshall Contractors, Inc. d.b.a. Algonquin Builders (Marshall), from a judgment entered in the Superior Court in favor of Bennington Iron Works (Bennington), the codefendant, against whom the cross-claim was filed. We vacate the judgment and remand the case to the Superior Court for a trial on the merits. The...

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