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SEABOARD SUR. CO. v. TOWN OF GREENFIELD

No. CIV.A.00-12615 FHF.

266 F.Supp.2d 189 (2003)

SEABOARD SURETY COMPANY, Plaintiff v. TOWN OF GREENFIELD, Massachusetts acting by and through the Greenfield Middle School Building Committee, Defendant

United States District Court, D. Massachusetts.

March 7, 2003.

Attorney(s) appearing for the Case

Bert J. Capone, Jr., Cetrulo & Capone LLP, Boston, for Seabord Surety Company, Plaintiff.

Jack D. Curtiss, Callahan, Curtiss, Carey & Gates, Greenfield, for Town of Greenfield, Defendant.

Thomas H. Hayman, Cetrulo & Capone LLP, Boston, for Seabord Surety Company, Plaintiff.

Eric H. Loeffler, Cetrulo & Capone LLP, Boston, for Seabord Surety Company, Plaintiff.

MEMORANDUM AND ORDER

FREEDMAN, Senior District Judge.

I. INTRODUCTION

The plaintiff, Seaboard Surety Company ("Seaboard"), brings this action against the defendant, the Town of Greenfield, Massachusetts, acting by and through the Greenfield Middle School Building Committee (the "GMSBC"), (collectively "Greenfield"), seeking a declaration that it is exonerated and discharged from any liability under a surety performance bond because the defendant...

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