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DEVELOPERS SURETY AND INDEMNITY COMPANY v. CITY OF DURHAM

No. 1:11CV515.

DEVELOPERS SURETY AND INDEMNITY COMPANY and SELECTIVE INSURANCE COMPANY OF AMERICA, Plaintiffs, v. CITY OF DURHAM, NORTH CAROLINA, Defendant, v. SHERRON ROAD VENTURES LLC, DURHAM LAND ASSOCIATES, LLC, SUSAN R. WHITEHEAD, JERRY A. RADMAN, and ELIZABETH G. RADMAN, Third-Party Defendants.

United States District Court, M.D. North Carolina.

September 18, 2014.

Attorney(s) appearing for the Case

DEVELOPERS SURETY AND INDEMNITY COMPANY, Plaintiff, represented by WILLIAM H. STURGES , SHUMAKER, LOOP & KENDRICK, LLP.

SELECTIVE INSURANCE COMPANY OF AMERICA, Plaintiff, represented by WILLIAM H. STURGES , SHUMAKER, LOOP & KENDRICK, LLP.

THE CITY OF DURHAM, NORTH CAROLINA, Defendant, represented by DONALD T. O'TOOLE , CITY OF DURHAM & FREDERICK CARLOS LAMAR , DURHAM CITY ATTORNEY'S OFFICE.

JERRY A. RADMAN, Third-Party Defendant, Pro Se.

ELIZABETH G. RADMAN, Third-Party Defendant, Pro Se.

THE CITY OF DURHAM, NORTH CAROLINA, Counter Claimant, represented by DONALD T. O'TOOLE , CITY OF DURHAM & FREDERICK CARLOS LAMAR , DURHAM CITY ATTORNEY'S OFFICE.

DEVELOPERS SURETY AND INDEMNITY COMPANY, Counter Defendant, represented by WILLIAM H. STURGES , SHUMAKER, LOOP & KENDRICK, LLP.

SELECTIVE INSURANCE COMPANY OF AMERICA, Counter Defendant, represented by WILLIAM H. STURGES , SHUMAKER, LOOP & KENDRICK, LLP.

DEVELOPERS SURETY AND INDEMNITY COMPANY, Third Party Plaintiff, represented by WILLIAM H. STURGES , SHUMAKER, LOOP & KENDRICK, LLP.

SELECTIVE INSURANCE COMPANY OF AMERICA, Third Party Plaintiff, represented by WILLIAM H. STURGES , SHUMAKER, LOOP & KENDRICK, LLP.

MEMORANDUM OPINION AND ORDER

L. PATRICK AULD, Magistrate Judge.

This case comes before the Court on: (1) Selective Insurance Company of America's Motion for Summary Judgment (Docket Entry 41); (2) Developers Surety and Indemnity Company's Motion for Summary Judgment (Docket Entry 43); (3) Defendant's Motion for Summary Judgment pursuant to Fed. R. Civ. P. 56 (Docket Entry 44); (4) Plaintiff's Objections to Evidence Submitted by Defendant...

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