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  5. 743 F.Supp. 112 (1990)
 

TOWN OF SAUGERTIES v. EMPLOYERS INS. OF WAUSAU

Nos. 85-CV-1633, 85-CV-1523.

743 F.Supp. 112 (1990)

TOWN OF SAUGERTIES, Plaintiff, v. EMPLOYERS INSURANCE OF WAUSAU, a mutual company, and D'Annunzio Constructors Corp., Defendants.

United States District Court, N.D. New York.

July 19, 1990.

Attorney(s) appearing for the Case

Couch, White Brenner Howard & Feigenbaum (Leslie F. Couch, of counsel), Albany, for plaintiff.

Hart & Hume (Henry James Wallach, of counsel), for defendants.

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

Introduction

This action arises out of a contract entered into in 1984 by the Town of Saugerties and a contractor, D'Annunzio Constructors Corp. ("D'Annunzio" or "contractor"), for the construction of a sewer project in the town. Disputes over performance of the contract developed between the town, D'Annunzio, and Employers Insurance of Wausau ("Wausau"), the holder of a performance bond...

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