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PERFORMANCE ABATEMENT v. LANSING BD. OF WATER

No. 5-98-CV-70.

168 F.Supp.2d 720 (2001)

PERFORMANCE ABATEMENT SERVICES, INC., Plaintiff/Counter-Defendant, v. LANSING BOARD OF WATER AND LIGHT, an administrative agency of the City of Lansing and International Fidelity Insurance Company, Defendants/Cross-Defendants, and SCS Group, L.C., Defendant/Cross-Plaintiff/Cross-Defendant/Counter-Plaintiff, and Lansing Board of Water and Light and International Fidelity Insurance Company, Cross-Defendants/Cross-Plaintiffs.

United States District Court, W.D. Michigan, Southern Division.

August 6, 2001.

Attorney(s) appearing for the Case

Jeffrey W. Bracken, Loomis, Ewert, Parsley, Davis, Lansing, MI, Ronald J. Garber, Shapiro, Fussell, Wedge, Smotherman & Martin, LLP, Atlanta, GA, for Performance Abatement Services, Inc.

Kenneth T. Brooks, Foster, Swift, Collins & Smith, PC, Lansing, MI, Anthony S. Kogut, Wilingham & Cote, PC, East Lansing, MI, Mary Dwyer, Lansing Board of Water and Light, Lansing, MI, Kevin T. McGraw, McGraw & Associates, East Lansing, MI, for Lansing Board of Water and Light.

Michael K. Lowman, Barbara G. Werther, Arent, Fox, Kintner, Plotkin, Washington, DC, Thomas H. Keating Jenkins & Keating, Grosse Pointe Farms, MI, David C. Gregory, Kelley Cawthorne, Lansing, MI, for SCS Group LC.

Philip G. Alber, Omar J. Harb, Alber Crafton, PLLC, Troy, MI, for Intern. Fidelity Ins. Co.

William E. Hartgering, JAMS, Chicago, IL, for VFM.

OPINION

ENSLEN, District Judge.

This matter is before the Court on Defendants SCS Group, L.C.'s (hereafter "SCS") and Lansing Board of Water and Light's (hereafter "BWL") Motion to Dismiss Certain Claims without Prejudice, SCS's Motion for Partial Summary Judgment against Plaintiff Performance Abatement Services, Inc. (hereafter "PAS"), BWL's Motion for Partial Summary Judgment against PAS, PAS...

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