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INSTEEL INDUSTRIES, INC. v. COSTANZA CONTRACTING CO.

No. CIV.A. 3:03CV345.

276 F.Supp.2d 479 (2003)

INSTEEL INDUSTRIES, INC., Plaintiff, v. COSTANZA CONTRACTING CO., INC. and Richard Costanza, Defendants.

United States District Court, E.D. Virginia, Richmond Division.

July 31, 2003.

Attorney(s) appearing for the Case

Richard T. Rice, Esquire, Douglas W. Hanna Esquire, Womble Carlyle Sandridge & Rice, PLLC, Winston-Salem, NC, William M. Holm, Esquire, Womble Carlyle Sandridge & Rice, PLLC, Vienna, for Plaintiff.

Stephen M. Colangelo, Esquire, Morrison & Foerster, LLP, McLean, for Defendants.

MEMORANDUM OPINION

PAYNE, District Judge.

This matter is before the Court on the Defendants' Motion To Dismiss, pursuant to Fed.R.Civ.P. 12(b)(6), the Second and Third Claims for Relief. For the reasons set forth below, the motion is denied.

BACKGROUND

On August 19, 1999, Insteel Industries, Inc. ("Insteel") sustained significant damage to its factory building in Fredericksburg, Virginia and...

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