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W.S.A. INC. v. STRATTON

No. 87-6703-CIV-EPS.

680 F.Supp. 375 (1988)

W.S.A. INC. d/b/a Harmon Contract, Inc. f/k/a Harmon Contract Glazing, Inc. d/b/a Harmon Contract Glazing, Plaintiff, v. STRATTON and Fidelity & Deposit Co., Defendants.

United States District Court, S.D. Florida, Miami Division.

February 17, 1988.

Attorney(s) appearing for the Case

Ira Genberg, Atlanta, Ga., for plaintiff.

James Murphy, Ft. Lauderdale, Fla., for Fidelity & Deposit.

George P. Opel, Palm Beach, Fla., for Stratton.

MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS PLAINTIFF'S CLAIM FOR DELAY DAMAGES

SPELLMAN, District Judge.

This CAUSE comes before the Court on Defendant's, FIDELITY & DEPOSIT CO., Motion to Dismiss filed with this Court on December 28, 1987. The complaint alleges the following facts: Plaintiff Harmon, the subcontractor, entered into a construction subcontract with defendant Stratton for the performance of specified work on a project in Ft...

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