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INTERNATIONAL PAVING SYSTEMS v. VAN TULCO

No. 88 CV 1066.

806 F.Supp. 17 (1992)

INTERNATIONAL PAVING SYSTEMS, INC., Plaintiff, v. VAN-TULCO, INC., Reliance Insurance Company of New York, Reliance Insurance Company, American Reinsurance Company, Employers Reinsurance Corporation and North American Reinsurance Corporation, Defendants.

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

November 10, 1992.

Attorney(s) appearing for the Case

Buckley, Treacy, Schaffel, Mackey & Abate, New York City by George F. Mackey, for plaintiff.

Berger, Steingut, Tarnoff & Stern, by Harvey Weinig, Goetz, Fitzpatrick & Flynn, New York City by Donald J. Carbone, for defendants.

MEMORANDUM AND ORDER

HURLEY, District Judge.

Plaintiff International Paving Systems, Inc. ("IPS") commenced this action against Van-Tulco, Inc. ("Van-Tulco") and the additional defendants, Van-Tulco's sureties on the payment bond which is the subject of this action. IPS is seeking $125,816.07 from Van-Tulco or its sureties for latex modified concrete ("LMC") that IPS supplied to AVA Construction, Inc. ("AVA"), Van-Tulco's subcontractor on a project (the...

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