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UNITED STATES FOR USE OF CEMEX CONSTRUCTION MATERIALS FLORIDA, LLC v. EPB ENTERPRISES, LLC

Case No. 8:11-cv-683-T-24-TGW.

UNITED STATES FOR USE OF CEMEX CONSTRUCTION MATERIALS FLORIDA, LLC, as assignee of John Carlo, Inc., Plaintiff, v. EPB ENTERPRISES, LLC and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Defendants.

United States District Court, M.D. Florida, Tampa Division.

March 12, 2012.

Attorney(s) appearing for the Case

Cemex Construction Materials Florida, LLC, as assignee of John Carlo, Inc. for the use and benefit of USA, Plaintiff, represented by Christian Read Sawczyn, Sivyer, Barlow & Watson, PA & Neal Allen Sivyer, Sivyer, Barlow & Watson, PA, PRO HAC VICE.

Middlesex Corporation, United States for use of the Middlesex Corporation and as assignee of John Carlo, Inc, Consol Plaintiff, represented by Christopher T. McRae, McRae & Metcalf, PA & David J. Metcalf, McRae & Metcalf, PA.

EPB Enterprises, L.L.C., Defendant, represented by James V. Lobozzo, Jr., McClure & Lobozzo, LLC.

ORDER

SUSAN C. BUCKLEW, District Judge.

This cause comes before the Court on Plaintiff Cemex Construction Materials Florida, LLC's ("Cemex") Motion for Final Summary Judgment against Defendant EPB Enterprises, LLC ("EPB") (Doc. No. 26). EPB has filed a response in opposition (Doc. No. 28). For the reasons stated below, Cemex's Motion for Summary Judgment is DENIED.

I. Background

For purposes of the instant motion...

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