ALLGOOD ELEC. CO. v. MARTIN K. EBY CONST. CO.

No. 5:93-cv-125-1 (WDO).

959 F.Supp. 1573 (1997)

ALLGOOD ELECTRIC CO., INC., Plaintiff, v. MARTIN K. EBY CONSTRUCTION COMPANY, INC.; Federal Insurance Company; and Fidelity & Deposit Company of Maryland, Defendants.

United States District Court, M.D. Georgia, Macon Division.

April 3, 1997.


Attorney(s) appearing for the Case

Robert Lee Crewdson, William H. Hughes, Jr., Atlanta, GA, Charles W. Byrd, John Douglas Christy, Perry, GA, for Allgood Elec. Co.

Ronald G. Robey, Atlanta, GA, for Martin K. Eby Const. Co., Inc., Federal Ins. Co., Fidelity and Deposit Co. of Maryland.


ORDER

OWENS, District Judge.

This case is again before the court on defendants' second and third motions for summary judgment. Oral arguments were held on the pending motions on March 3, 1997. Based upon the oral arguments of counsel, the relevant case law, and the record as a whole, the court issues the following order.

I. Procedural history

On April 13, 1994, this court granted summary judgment for defendants on all claims...

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