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ERGON ASPHALT & EMULSIONS v. HOGAN CONST. CO.

No. LR-C-88-525.

721 F.Supp. 1050 (1989)

ERGON ASPHALT & EMULSIONS, INC., Plaintiff, v. HOGAN CONSTRUCTION COMPANY, INC., et al., Defendants.

United States District Court, E.D. Arkansas, W.D.

August 30, 1989.

Attorney(s) appearing for the Case

Charles E. Smith, Wallace, Dover & Dixon, Little Rock, Ark. (Phelps, Dunbar & Marks, Jackson, Miss., of counsel), for plaintiff.

James C. Clark, Jr., Friday, Eldredge & Clark, and Bruce Munson, Huckaby, Munson, Rowlett & Tilley, Little Rock, Ark., for defendants.

MEMORANDUM OPINION AND ORDER

GEORGE HOWARD, Jr., District Judge.

Pending before the Court is the motion for summary judgment of defendant Mid-Continent Casualty Company. A review of the undisputed facts reveals the following scenario.

On February 20, 1987, St. Francis/BMH entered into a contract with the Little Rock Airport Commission for runway repairs at the Little Rock Municipal Airport, identified as Little Rock Airport Improvements —...

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