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FASTRACK CRUSHING SERVS. v. ABATEMENT INT'L/ADVATEX ASSOCS.

No. 2002-265.

149 N.H. 661 (2003)

FASTRACK CRUSHING SERVICES, INC. v. ABATEMENT INTERNATIONAL/ADVATEX ASSOCIATES, INC. & a.

Supreme Court of New Hampshire.

Opinion Issued: July 2, 2003.

Attorney(s) appearing for the Case

Hall, Morse, Anderson, Miller & Spinella, P.C., of Concord (Frank P. Spinella, Jr. on the brief and orally), for the plaintiff.

Rath, Young and Pignatelli, P. A., of Concord (Brian T. Tucker on the brief and orally), for the defendants.

DUGGAN, J.

The defendants, Abatement International/Advatex Associates, Inc. (Advatex) and the American Guarantee and Liability Insurance Company (AGLIC), appeal an order of the Superior Court (Abramson, J.) denying their motion to dismiss the claim of the plaintiff, Fastrack Crushing Services, Inc. (Fastrack), and granting Fastrack's motion for summary judgment. The defendants raise several issues involving Fastrack's claim against a performance bond obtained...

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