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TL ENTERPRISES, INC. v. HAES CONTRACTING, INC.

Civil Action No. 11-2212-KHV.

TL ENTERPRISES, INC., Plaintiff, v. HAES CONTRACTING, INC. and DEVELOPERS SURETY AND INDEMNITY COMPANY, Defendants.

United States District Court, D. Kansas.

March 20, 2012.

Attorney(s) appearing for the Case

TL Enterprises, Inc., a Kansas corporation, Plaintiff, represented by Diane Hastings Lewis, Brown & Ruprecht, PC & William J. DeBauche, Brown & Ruprecht, PC.

Haes Contracting, Inc., a Nebraska corporation, Defendant, represented by Andrea S. McMurtry, Horn, Aylward & Bandy LLC & Danne W. Webb, Horn, Aylward & Bandy LLC.

Developers Surety and Idemnity Company, an Iowa corporation, Defendant, represented by Greta A. McMorris, Levy & Craig, PC — Kansas City & Lawrence Lerner, Levy & Craig, PC — Kansas City.

MEMORANDUM AND ORDER

KATHRYN H. VRATIL, District Judge.

Plaintiff brings this diversity action alleging breach of contract against Haes Contracting, Inc. ("Haes") and breach of performance bond against Developers Surety and Indemnity Company ("Developers"). Plaintiff alleges that Haes entered into a subcontract to perform dredging and other work on a construction project, that Developers executed a performance bond on the Haes subcontract...

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