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McGOVNEY & McKEE, INC. v. CITY OF BEREA, KY.

Civ. A No. 2158.

448 F.Supp. 1049 (1978)

McGOVNEY & McKEE, INC., Plaintiff, v. CITY OF BEREA, KENTUCKY, Defendant and Third-Party Plaintiff, v. UNITED STATES FIDELITY & GUARANTY CO., Third-Party Defendant.

United States District Court, E. D. Kentucky, Lexington Division.

March 20, 1978.

Attorney(s) appearing for the Case

David T. Enlow, Murphy, King, Enlow & Dunn, Lexington, Ky., for McGovney & McKee, plaintiff.

James T. Gilbert, Duerson & Gilbert, Berea, Ky., for City of Berea, Ky., defendant and third-party plaintiff.

Frank G. Dickey, Jr., Landrum, Patterson & Dickey, Lexington, Ky., for U. S. Fidelity & Guaranty Co., third-party defendant.

MEMORANDUM OPINION

SILER, District Judge.

After trial without a jury, the Court has made the following Findings of Facts and Conclusions of Law, pursuant to Rule 52, Fed.R.Civ.P. The case began on July 2, 1970, as a suit for declaratory relief, under 28 U.S.C. §§ 2201, 2202 by McGovney & McKee, Inc. (hereinafter "Contractor") against the City of Berea, Kentucky (hereinafter "Berea"), to determine if Berea was allowed to terminate the contract...

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