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RELIANCE INS. v. BARILE EXCAVATING & PIPELINE CO.

No. 85-915-Civ-T-10.

685 F.Supp. 839 (1988)

RELIANCE INSURANCE COMPANY, Plaintiff, v. BARILE EXCAVATING & PIPELINE CO., INC. and City of Winter Haven, Defendants. BARILE EXCAVATING & PIPELINE CO., INC., Cross-Plaintiff, v. CITY OF WINTER HAVEN and M. Vincent Potheroe, P.E., Consulting Engineers, Cross-Defendants.

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

March 23, 1988.

Attorney(s) appearing for the Case

Bruce Charles King, Kimbrall & Hamann, Miami, Fla., for Reliance Ins. Co.

Ronald Robey, Smith, Currie & Hancock, Atlanta, Ga., for Barile.

Steven Bull, Bull & Mize, Orlando, Fla., for City of Winter Haven and Potheroe.

ORDER

HODGES, Chief Judge.

This is a declaratory judgment action in which Plaintiff Reliance Insurance Company ("Reliance") seeks a determination of its rights and obligations under a performance bond issued to Defendant City of Winter Haven ("Winter Haven"). Winter Haven has filed a counterclaim alleging breach of contract (Count I) and bad faith (Counts II and III).1

Before the Court is Reliance's motion for summary...

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