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  5. 756 F.Supp.2d 1329 (2010)
 

FIDELITY & DEP. CO. OF MD. v. JEFFERSON CTY. COM'N

No. 2:09-cv-247-JHH.

756 F.Supp.2d 1329 (2010)

FIDELITY & DEPOSIT COMPANY OF MARYLAND, Plaintiff, v. JEFFERSON COUNTY COMMISSION, Defendant.

United States District Court, N.D. Alabama, Southern Division.

November 17, 2010.

Attorney(s) appearing for the Case

L. Graves Stiff, III, George Matthew Keenan, Starnes Davis Florie LLP, Birmingham, AL, for Plaintiff.

French A. McMillan, Jefferson County Attorney's Office, Birmingham, AL, for Defendant.

MEMORANDUM OF DECISION

JAMES H. HANCOCK, Senior District Judge.

The court has before it two motions for summary judgment. The first is the July 6, 2010 motion (doc. # 24) of Plaintiff/Counterclaim Defendant Fidelity & Deposit Company of Maryland ("F & D") for judgment as a matter of law, or in the alternative for summary judgment. The second is the July 7, 2010 motion (doc. # 25) of Defendant/Counterclaim Plaintiff the Jefferson County Commission...

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