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PENN MILLERS INS. CO. v. U.S.

No. 5:06-CV-16-D(3).

472 F.Supp.2d 705 (2007)

PENN MILLERS INSURANCE COMPANY, as Subrogee of S & C Construction Co. and Garland Farm Supply, Plaintiff, v. UNITED STATES of America, Department of Defense, Department of the Army, Defendants.

United States District Court, E.D. North Carolina, Western Division.

January 18, 2007.

Attorney(s) appearing for the Case

John E. Spainhour, McAngus, Goudelock & Courie, PLLC, Charlotte, NC, for S & C Construction Company doing business as Garland Farm Supply, Penn Millers Insurance Company as subrogee of S & C Construction Co. and Garland Farm Supply Co., Plaintiff's.

Joshua B. Royster, U.S. Department of Justice, Raleigh, NC, for United States of America, Department of Defense, Department of the Army, Defendants.

ORDER

DEVER, District Judge.

Justice Holmes wrote for a unanimous Supreme Court that "[m]en must turn square corners when they deal with the Government. If it attaches even purely formal conditions to its consent to be sued those conditions must be complied with." Rock Island, A. & L.R. Co. v. United States, 254 U.S. 141, 143, 41 S.Ct. 55, 65 L.Ed. 188 (1920...

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