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EMPIRE ENTERPRISES JKB v. UNION CITY CONTRACTORS

No. 05-CV-6461P.

660 F.Supp.2d 492 (2009)

EMPIRE ENTERPRISES JKB, INC., Plaintiff, v. UNION CITY CONTRACTORS, INC., Nova Casualty Company, and Nova American Groups, Inc., Defendants.

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

September 25, 2009.

Attorney(s) appearing for the Case

Anthony J. Adams, Jr., Christian M. Nadler, Gates & Adams, P.C., Rochester, NY, for Plaintiff.

Martin Handelman, Handelman, Witkowicz & Levitsky, Rochester, NY, for Defendants.

DECISION & ORDER

MARIAN W. PAYSON, United States Magistrate Judge.

INTRODUCTION

This case involves a breach of contract claim by Empire Enterprises JKB, Inc. ("Empire") against Union City Contractors, Inc. ("Union City") and a Miller Act claim, 40 U.S.C. §§ 3131 and 3133, against its sureties, Nova Casualty Company and Nova American Groups, Inc. (collectively, "Nova").1 Pursuant to 28 U.S...

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