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PADGETT v. CH2M HILL SOUTHEAST, INC.

C.A. No. 93-98-VAL (WDO).

866 F.Supp. 560 (1994)

Waver Henry PADGETT, et al., Plaintiffs, v. CH2M HILL SOUTHEAST, INC., et al., Defendant/Third-Party Plaintiffs, v. EIC ELKINS CONSTRUCTORS, INC., Third-Party Defendant.

United States District Court, M.D. Georgia, Valdosta Division.

October 25, 1994.

Attorney(s) appearing for the Case

J. Converse Bright, Valdosta, GA, for plaintiffs.

Devin M. Ehrlich and Jay Michael Barber, Atlanta, GA, for CH2M Hill Southeast, Inc. and Roger Yorton.

George T. Talley, Valdosta, GA, for Michael McMurray and Wayne Hansen.

Devin M. Ehrlich, Jay Michael Barber, Atlanta, GA, and George T. Talley, Valdosta, GA, for EIC Elkins Constructors, Inc.

ORDER

OWENS, Chief Judge.

Before the court is the motion for summary judgment filed by defendants Michael McMurray and Wayne Hanson, and third-party defendant EIC Elkins Constructors Inc. After careful consideration of the arguments of counsel, the relevant case law, and the record as a whole, the court issues the following order.

FACTS

On February 15, 1991, EIC Elkins Constructors Inc. ("Elkins") entered into a contract with...

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