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CITY OF GASTONIA v. BALFOUR BEATTY CONST. CORP.

No. 3:99-CV-398.

222 F.Supp.2d 771 (2002)

CITY OF GASTONIA, a North Carolina Municipal Corporation, Plaintiff, v. BALFOUR BEATTY CONSTRUCTION CORPORATION, INC., American Home Assurance Company and Federal Insurance Company, Defendants.

United States District Court, W.D. North Carolina, Charlotte Division.

September 25, 2002.

Attorney(s) appearing for the Case

P. Marshall Yoder, Thomas L. Ogburn, III, John L. Shaw, Poyner & Spruill, Charlotte, NC, Henry M. Whitesides, Whitesides & Kenny, LLP, GAstonia, NC, Dennis J. Redwing, Gastonia, NC, Ash Smith, City Attorney, Gastonia, NC, for Plaintiff.

Aaron E. Bradshaw, Gastonia, NC, Nathan E. Minear, O'Brien, O'Rourke & Hogan, Maitland, FL, James E. Moye, Moye O'Brien, O'Rourke, Hogan & Pickert, Maitland, Fl, for Defendants.

Perry R. Safran, Safran Law Offices, Raleigh, NC, for Atlantic Coast Mechanical Inc.

ORDER

MULLEN, Chief Judge.

I. INTRODUCTION

THIS MATTER comes before the Court on Plaintiff City of Gastonia's motion for summary judgment and supporting memorandum filed with the Court on May 31, 2002. Defendant and Cross-claimant Balfour Beatty Construction, Inc. (hereinafter "BBCI") filed a response to Plaintiff's motion on July 8, 2002. Gastonia filed a reply to BBCI's response on July 29, 2002.

The original motion for summary judgment...

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