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GREEN CONST. CO. v. FIRST INDEM. OF AMERICA INS.

Civ. A. No. 89-774 (HAA).

735 F.Supp. 1254 (1990)

GREEN CONSTRUCTION COMPANY, Plaintiff, v. FIRST INDEMNITY OF AMERICA INSURANCE COMPANY, Defendant/Third Party Plaintiff, v. E.S.C. STONE PRODUCTS, INC. and John Gilham, Third Party Defendants.

United States District Court, D. New Jersey.

April 25, 1990.

Attorney(s) appearing for the Case

Klein Chapman, Leonard A. Peduto, Jr., Catherine E. Brown, Clifton, N.J., for plaintiff.

Thomas J. Clarke, Montclair, N.J., for defendant/third party plaintiff.

HAROLD A. ACKERMAN, District Judge.

On February 23, 1989, the buyer, Green Construction Co. ("Green") brought this action lying in diversity against, the surety, First Indemnity of America Insurance Co. ("FIA"). On November 30, 1989, Green filed an amended complaint against FIA, charging that FIA breached its obligation to pay Green the penal sum of a performance bond upon the occasion of the default of the seller, ESC Stone Products, Inc. ("ESC"), (Count One) and...

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