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MIAMI VALLEY CONTRACTORS v. TOWN OF SUNMAN

No. IP 95-997-C-B/S.

960 F.Supp. 1366 (1997)

MIAMI VALLEY CONTRACTORS, INC., Plaintiff, v. TOWN OF SUNMAN, INDIANA, Defendant, v. RELIANCE INSURANCE COMPANY, Counter-Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

April 23, 1997.

Attorney(s) appearing for the Case

David L. Simmons, Hoffman Drewry Hancock & Simmons, Indianapolis, IN, for Plaintiff.

Alan H. Lobley, Ice Miller Donadio & Ryan, Indianapolis, IN, for Defendant.

ENTRY DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT

BARKER, Chief Judge.

Plaintiff, Miami Valley Contractors, Inc. (MVC), brings its motion for partial summary judgment on the ground that the Defendant, Town of Sunman, Indiana (Sunman), has waived its right to seek liquidated damages relating to the completion of the first phase of the construction contract between them. MVC also maintains that the liquidated damages provisions in the contract impose...

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