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U.S. v. WAR EAGLE CONST. CO., INC.

Civ. A. No. 2:93-0526.

858 F.Supp. 605 (1994)

UNITED STATES of America, Plaintiff, v. WAR EAGLE CONSTRUCTION COMPANY, INC., Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

July 7, 1994.

Attorney(s) appearing for the Case

Rebecca A. Betts, U.S. Atty., Gary L. Call, Asst. U.S. Atty., Charleston, WV, for plaintiff.

Richard E. Rowe, Goodwin & Goodwin, Charleston, WV, William H. Howe and Mary Lou Smith, Howe, Anderson & Steyer, Washington, DC, for defendant.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is the United States' motion for summary judgment. For reasons discussed below the Court GRANTS the motion.

Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment is proper only:

"[I]f the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any...

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