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  5. 67 F.Supp.2d 1375 (1999)
 

ASSOCIATED MECHANICAL CORP. v. EBY CONSTRUCTION

No. 5:95-CV-94-3 (WDO).

67 F.Supp.2d 1375 (1999)

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

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

September 29, 1999.

Attorney(s) appearing for the Case

John Flanders Kennedy, Macon, GA, David R. Hendrick, Victoria H. Tobin, Atlanta, GA, for Associated Mechanical Contractors, Inc., plaintiff.

Wallace Warren Plowden, Jr., Macon, GA, George D. Wenick, Mr., Atlanta, GA, for Martin K. Eby Construction Company, Inc., defendant.

ORDER

OWENS, District Judge.

Defendant Martin K. Eby Construction Company, Inc. ("Eby") has filed a motion for summary judgment on plaintiff Associated Mechanical Contractors, Inc.'s ("AMC") claims for final contract payment and pre-judgment interest on such payment. While Eby argued in its briefs that it was not obligated to pay AMC the final amount ("retainage") because of unsatisfied conditions precedent, Eby has now paid a portion of the amount...

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