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TRAV. CAS. & SUR. CO. OF AMERICA v. CRESTA CONST.

Civil Action No. 10-10662-NMG.

719 F.Supp.2d 130 (2010)

TRAVELER'S CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff, v. CRESTA CONSTRUCTION INC., John P. Cresta and Donna M. Cresta, Defendants, and The Town of Harvard, Reach and Apply Defendants.

United States District Court, D. Massachusetts.

June 16, 2010.

Attorney(s) appearing for the Case

Bradford R. Carver, Charcretia V. DiBartolo, Hinshaw & Culbertson LLP, Boston, MA, for Plaintiff.

James F. Grosso, O'Reilly, Grosso & Gross PC, Framingham, MA, for Defendants.

MEMORANDUM & ORDER

GORTON, District Judge.

This case arises out of an indemnity dispute between Travelers Casualty and Surety Company of America ("Travelers"), a Connecticut corporation, and Cresta Construction, Inc. ("Cresta"), a commercial construction contractor incorporated in Massachusetts. Before the Court is plaintiff's motion for a Preliminary Injunction.

Pursuant to an Indemnity Agreement between the parties, Cresta agreed to "exonerate...

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