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WESTERN SUR. CO. v. ALLIANCE STEEL CONST., INC.

No. 06-C-326-C.

487 F.Supp.2d 1041 (2007)

WESTERN SURETY COMPANY, a South Dakota corporation, individually and as assignee of Westra Construction Company, Inc., Plaintiff and Counter Defendant, v. ALLIANCE STEEL CONSTRUCTION, INC., a Wisconsin corporation, Defendant, Counter Plaintiff and Third-Party Plaintiff, v. Westra Construction, Inc., a Wisconsin corporation, Third-Party Defendant.

United States District Court, W.D. Wisconsin.

May 24, 2007.

Attorney(s) appearing for the Case

Nicholas Ostapenko, Johnson, Killen & Seiler, PA., Duluth, MN, for Defendant, Counter Plaintiff and Third-Party Plaintiff.

OPINION AND ORDER

CRABB, District Judge.

Defendant Alliance Steel Construction, Inc. had a contract with the Army Corps of Engineers to build a dining facility. Defendant subcontracted much of the work to third-party defendant Westra Construction, Inc.; which failed to finish the project on time. As a result, defendant withheld approximately $263,000 of the balance owed on the contract, claiming expenses incurred by the delay as well as lost profits.

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