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CARDINAL CONST. CO. v. BESMEC, INC.

Civ. A. No. 2:85-0791.

701 F.Supp. 1274 (1988)

CARDINAL CONSTRUCTION COMPANY, an Ohio corporation, Plaintiff, v. BESMEC, INC., a West Virginia corporation; Fidelity and Deposit Company of Maryland, a Maryland corporation; Electronic Specialty Company, a West Virginia corporation; and the United States of America, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

August 25, 1988.

Attorney(s) appearing for the Case

Charles L. Woody, R. Scott Long, Charleston, W. Va., for plaintiff.

Charles W. Yeager, Charleston, W. Va., for Fidelity.

Charles E. Pettrey, Jr., Charleston, W. Va., for Electronic.

Henry Friedman, Tax Div., U.S. Dept. of Justice, Washington, D.C., for U.S.

MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court on the separate motions for summary judgment of Fidelity and Deposit Company of Maryland, Electronic Specialty Company, and the United States of America. The parties have stipulated and agreed to the pertinent facts and submit this case for decision on the basis of the record before the court inasmuch as there is no genuine issue of material fact in dispute.

I. Factual...

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