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U.S. FOR USE AND BEN. EVERGREEN PIPELINE v. MERRITT-MERIDIAN CONSTRUCTION CORPORATION

No. 90 Civ. 5106 (DC).

890 F.Supp. 1213 (1995)

UNITED STATES of America, for the Use and Benefit of EVERGREEN PIPELINE CONSTRUCTION CO., INC., and Evergreen Pipeline Construction Co., Inc., Plaintiffs, v. MERRITT-MERIDIAN CONSTRUCTION CORPORATION and General Insurance Company of America, Defendants. MERRITT-MERIDIAN CONSTRUCTION CORPORATION, Third-Party Plaintiff, v. TRANSAMERICA PREMIER INSURANCE COMPANY, INC., Third-Party Defendant.

United States District Court, S.D. New York.

July 7, 1995.

Attorney(s) appearing for the Case

Law Offices of James N. Cahill by James N. Cahill, Robert S. Beehm, Endicott, NY, for plaintiff.

Daniel L. Saxe, New York City, for defendants Merritt-Meridian Const. Corp. and General Ins. Co. of America.

Hart & Hume by Benjamin D. Lentz, New York City, for defendant General Ins. Co. of America.

McElroy, Deutsch & Mulvaney by James M. Mulvaney, Morristown, NJ, for third-party defendant Transamerica Premier Ins. Co., Inc.

OPINION

CHIN, District Judge.

On November 22, 1994, after nearly five years of litigation and following a four-week trial, the jury returned a verdict in this action in favor of plaintiff in the amount of $619,434.51. The jury found that defendant general contractor Merritt-Meridian Construction Corporation ("MMCC") materially breached its agreement (the "Subcontract") with plaintiff subcontractor Evergreen Pipeline Construction Co., Inc. ("Evergreen...

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