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  5. 964 F.Supp. 1576 (1997)
 

ASSOC. MECHANICAL CONTRACT., INC. v. MARTIN K. EBY CONST. CO.

Civil Action No. 95-94-3-MAC(WDO).

964 F.Supp. 1576 (1997)

ASSOCIATED MECHANICAL CONTRACTORS, INC., Plaintiff, v. MARTIN K. EBY CONSTRUCTION COMPANY, INC., Defendant.

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

May 14, 1997.

Attorney(s) appearing for the Case

John Flanders Kennedy, Macon, GA, David R. Hendrick, Victoria H. Tobin, Atlanta, GA, for Plaintiff.

Wallace Warren Plowden, Jr., Macon, GA, George D. Wenick, Atlanta, GA, for Defendant.

ORDER

OWENS, District Judge.

This case is before the court on defendant's second motion for summary judgment. Oral arguments were held March 3, 1997. Based upon the oral arguments of counsel, the relevant case law, and the record as a whole, the court issues the following order.

I. Background

The dispute between the parties arises out of the construction of the Dooly Correctional Institution in Unadilla, Georgia. Plaintiff...

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