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MARSHALL CONTRACTORS, INC. v. PEERLESS INS. CO.

No. Civ. A. 92-0042-T.

827 F.Supp. 91 (1993)

MARSHALL CONTRACTORS, INC. v. PEERLESS INSURANCE CO.

United States District Court, D. Rhode Island.

August 23, 1993.

Attorney(s) appearing for the Case

Mark E. Haddad, Andrew Hodgkin, John A. Wortmann, Jr., Brown, Rudnick, Freed & Gesmer, Providence, RI, for plaintiff.

C. Russell Bengtson, Carroll, Kelly & Murphy, Providence, RI, D. Wayne Olson, Jr., Robert E. Morris, Tampa, FL, for defendant.

MEMORANDUM AND ORDER

TORRES, District Judge.

This is a suit on a performance bond issued by Peerless Insurance Company ("Peerless") to Marshall Contractors, Inc. ("Marshall") guaranteeing the performance of one of Marshall's subcontractors, VT Properties, Inc. ("VT"). It is presently before the Court for consideration of Marshall's motion for partial summary judgment in the form of a declaration that "Peerless is obligated as a matter of law to pay consequential...

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