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CIT GROUP/EQUIPMENT FINANCING v. ACEC MAINE, INC.

Civ. No. 90-0304-B.

782 F.Supp. 159 (1992)

The CIT GROUP/EQUIPMENT FINANCING, INC., Plaintiff, v. ACEC MAINE, INC., et al., Defendants and Third-Party Plaintiffs, v. DOWN EAST PEAT, L.P., Third-Party Defendant.

United States District Court, D. Maine.

January 16, 1992.

Attorney(s) appearing for the Case

Peter L. Murray, Murray, Plumb & Murray, Portland, Me., Donald J. Rapson, Livingston, N.J., for plaintiff.

Catherine A. Lee, Peter J. Rubin, Bernstein, Shur, Sawyer & Nelson, Portland, Me., for defendants.

ORDER AND MEMORANDUM OF DECISION

BRODY, District Judge.

This matter is before the Court on Plaintiff's Motion for Partial Summary Judgment and the mirror image, Defendants' Cross Motion for Partial Summary Judgment. The issue before the Court is the Plaintiff's claim, as secured lender and assignee of a construction contract, for liquidated damages and Defendant's counterclaim challenging the enforceability of the contract provision.

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