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GOLDMAN SERVICES v. CITIZENS BANK & TRUST CO.

Civ. A. Nos. 90-0055 P(J), 90-0209 P(J) and 90-0239 P(J).

812 F.Supp. 738 (1992)

GOLDMAN SERVICES MECHANICAL CONTRACTING, INC., Plaintiff, v. CITIZENS BANK & TRUST COMPANY OF PADUCAH, a Kentucky corporation, Defendant. A & S BUILDING SYSTEMS, INC., Plaintiff, v. CITIZENS BANK & TRUST COMPANY OF PADUCAH, a Kentucky corporation, Defendant. POWER & TELEPHONE SUPPLY COMPANY, a Tennessee corporation, Plaintiff, v. CITIZENS BANK & TRUST COMPANY OF PADUCAH, a Kentucky corporation, Defendant.

United States District Court, W.D. Kentucky. Paducah Division.

April 9, 1992.

Attorney(s) appearing for the Case

W. Pelham McMurry and G. Kent Price, McMurry & Livingston, Paducah, KY, for defendant Citizens Bank & Trust Co. of Paducah.

Joseph S. Freeland, Tod D. Megibow, Freeland & Megibow, Paducah, KY, for plaintiff Goldman Services Mechanical Contracting, Inc.

James B. Brien, Jr., Neely & Brien, Mayfield, KY, for plaintiff A & S Bldg. Systems, Inc.

Mark P. Bryant, Jones, Bradley, Bryant & Kautz, Paducah, KY, Stephen P. Hale, Memphis, TN, for plaintiff Power & Telephone Supply Co.

MEMORANDUM OPINION

JOHNSTONE, District Judge.

These consolidated diversity cases assert common law tort claims against the defendant, Citizens Bank & Trust Company of Paducah, Inc. ("Citizens"). The plaintiffs claim that an employee of Citizens negligently signed a certificate of sufficiency, allowing Purdy Sisson (a non-party to this action) to qualify as surety on Miller Act payment bonds for federal contracts. Before the court are cross-motions for...

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