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NATIONAL ELEC. SYSTEMS v. CITY OF ANDERSON, IND.

No. 6:08-CV-1103-DNH-GJD.

601 F.Supp.2d 495 (2009)

NATIONAL ELECTRIC SYSTEMS, INC., Plaintiffs, v. CITY OF ANDERSON, INDIANA, Defendant.

United States District Court, N.D. New York.

March 10, 2009.

Attorney(s) appearing for the Case

Kowalczyk, Tolles & Deery, LLP, Andrew S. Kowalczyk, Jr., Esq., Richard A. Cohen, Esq., of Counsel, Utica, NY, for Plaintiff.

Bond, Schoeneck & King, PLLC, John G. McGowan, Esq., of Counsel, Syracuse, NY, for Defendant.

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

Plaintiff National Electric Systems, Inc. ("plaintiff" or "National") alleges defendant City of Anderson, Indiana ("defendant" or "Anderson") unlawfully assessed liquidated damages pursuant to a public works project contract between the two parties. Plaintiff asserts there is diversity jurisdiction to bring its breach of contract claim against...

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