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MERGENTIME CORP. v. WASHINGTON METRO. AREA TR. AUTH.

Civ. A. No. 89-1055(GHR).

775 F.Supp. 14 (1991)

MERGENTIME CORPORATION, et al., Plaintiffs, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Defendant, v. INSURANCE COMPANY OF NORTH AMERICA, Counter-Defendant.

United States District Court, District of Columbia.

October 4, 1991.

Attorney(s) appearing for the Case

John R. Keys, Jr., Winston & Strawn, Washington, D.C. Robert S. Fischler, Winston & Strawn, New York City, for Ins. Co. of North America.

W. Stanfield Johnson, Crowell & Moring, Gerard J. Stief, Associate General Counsel, Washington Metropolitan Area Transit Authority, Washington, D.C., for Washington Metropolitan Area Transit Authority.

John F. Myers, Frank, Bernstein, Conaway & Goldman, Bethesda, Md., for Mergentime Corp.

Stephen A. Fennell, Steptoe & Johnson, Washington, D.C., for Perini Corp.

MEMORANDUM AND OPINION

REVERCOMB, District Judge.

This summary judgment motion arises out of an ongoing action for breach of contract between Plaintiffs Mergentime Corporation and Perini Corporation ("Mergentime/Perini"), and Defendant/Counter-Plaintiff Washington Metropolitan Area Transit Authority ("WMATA"). Jurisdiction in the underlying action is based on diversity of citizenship, 28 U.S.C. § 1332, and D.C.Code § 1-2439. The facts of both the...

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