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MORSE/DIESEL, INC. v. FID. & DEPOSIT CO. OF MARYLAND

No. 86 Civ. 1494 (PKL).

768 F.Supp. 115 (1991)

MORSE/DIESEL, INC., Plaintiff and Counterclaim Defendant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Defendant, Third-Party Plaintiff and Counterclaimant, v. T. FREDERICK JACKSON, INC., Third-Party Defendant, and Times Square Hotel Company and Marriott Corporation, Additional Defendants on Counterclaims.

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

July 23, 1991.

Attorney(s) appearing for the Case

Peter N. Wang, Friedman, Wang & Bleiberg, P.C., New York City, for Morse/Diesel, Inc., Times Square Hotel Co. and Marriott Corp.

Ian A.L. Strogatz, Wolf, Block, Schorr and Solis-Cohen, Philadelphia, Pa., for Fidelity and Deposit Co. of Maryland.

MEMORANDUM ORDER

LEISURE, District Judge.

This diversity action is brought by plaintiff for damages resulting from an alleged overpayment to its subcontractor in connection with the Marriott Marquis Hotel project. Plaintiff Morse/Diesel, Inc. ("Morse/Diesel"), alleges, in addition to its breach of contract claim, fraud and breach of the covenant of good faith and fair dealing.

Defendant Fidelity and Deposit Company of Maryland ("F & D") asserted...

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