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CONTINENTAL INS. CO. v. CITY OF VIRGINIA BEACH

Civ. A. No. 2:95cv212.

908 F.Supp. 341 (1995)

CONTINENTAL INSURANCE CO. Plaintiff, v. The CITY OF VIRGINIA BEACH, Defendant.

United States District Court, E.D. Virginia, Norfolk Division.

November 29, 1995.

Attorney(s) appearing for the Case

Timothy Gerard Clancy, Cumming, Hatchett, Moschel, Patrick & Clancy, Hampton, VA, Wendy Ann Hartmann, Robert F. Carney, Whiteford, Taylor & Preston L.L.P., Baltimore, MD, for Continental Insurance Company.

Charles Bernard Miller, Assistant City Attorneys, Richard Jay Beaver, Office of City Attorney, Virginia Beach, VA, for City of Virginia Beach.

OPINION AND FINAL ORDER

CLARKE, District Judge.

Continental Insurance Company filed this action against the City of Virginia Beach alleging that its duty as surety under a performance bond was discharged when the City materially deviated from the contract between the City and the construction contractor. A bench trial was held on October 18-19, 1995. Instead of presenting closing arguments, both parties agreed to submit written post-trial memorandums...

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