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McCARTHY BROS. CONST. CO. v. PIERCE

No. 84-1830C (A).

626 F.Supp. 981 (1986)

McCARTHY BROTHERS CONSTRUCTION COMPANY, a Missouri corporation, Plaintiff, v. Samuel R. PIERCE, Jr., in his official capacity as Secretary of the United States Department of Housing & Urban Development, and National Church Residences of St. Charles, Missouri, an Ohio non-profit corporation, Defendants.

United States District Court, E.D. Missouri.

January 14, 1986.

Attorney(s) appearing for the Case

James L. Hawkins, Jeffrey L. Demerath, St. Louis, Mo., for plaintiff.

Joseph B. Moore, Asst. U.S. Atty., St. Louis, Mo., Keith W. Hazelwood, St. Charles, Mo., for defendants.

MEMORANDUM OPINION

HARPER, District Judge.

This matter is before the Court on plaintiff's declaratory judgment action. Plaintiff seeks a declaration that it is entitled to $131,850.00 incentive fee under a construction contract between it and defendant, National Church Residences of St. Charles, Missouri (hereinafter referred to as National Church). Plaintiff bases federal jurisdiction over this matter upon diversity...

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