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ED KIMBER HEATING v. TRAVELERS CAS. AND SUR.

No. 3:03CV2111(SRU).

411 F.Supp.2d 111 (2006)

ED KIMBER HEATING AND COOLING, INC., Plaintiff, v. TRAVELERS CASUALTY AND SURETY CO., Defendant.

United States District Court, D. Connecticut.

January 26, 2006.

Attorney(s) appearing for the Case

Gregory Robert Faulkner, Gregory K. Holness, Brown Raysman Millstein Felder & Steiner, Hartford, CT, Harold M. Pressberg, Norton & Christensen, Goshen, NY, for Plaintiff.

Andrea Barton Reeves, Matthew M. Horowitz, Wolf, Horowitz, Etlinger & Case, Hartford, CT, for Defendant.

RULING ON MOTION FOR PARTIAL SUMMARY JUDGMENT

UNDERHILL, District Judge.

On December 1, 2004, the plaintiff, Ed Kimber Heating and Cooling, Inc. ("Kimber"), filed a motion for partial summary judgment, asking the court to dismiss the portion of Travelers Casualty and Surety Co.'s ("Travelers") counterclaim that seeks excess costs of completion.1 On November 18, 2005, the court heard oral argument by both parties. For the...

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