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  5. 15 F.Supp.2d 318 (1998)
 

OTIS EASTERN SERV. v. RAYTHEON ENGINEERS & CONSTRUCTORS, INC.

No. 98-CV-6019.

15 F.Supp.2d 318 (1998)

OTIS EASTERN SERVICE, INC., Plaintiff, v. RAYTHEON ENGINEERS & CONSTRUCTORS, INC., Defendant.

United States District Court, W.D. New York.

July 30, 1998.

Attorney(s) appearing for the Case

Timothy Embser, Fmbser & Woltag, P.C., Wellsville, NY, for Otis Eastern Service, Inc., plaintiff.

Anthony R. Palermo, Hodgson, Russ, Andrews, Woods & Goodyear, Rochester, NY, Timothy Patrick Sheehan, Hodgson, Russ, Andrews, Woods & Goodyear, Rochester, NY, Jonathan M. Albano, James C. McCrath, Bingham Dana LLP, Boston, MA, for Raytheon Engineers & Constructors, Inc., defendant.

DECISION AND ORDER

SIRAGUSA, District Judge.

This is a diversity action in which the plaintiff is suing to collect monies allegedly owed under a construction subcontract. Before the Court is a motion by the plaintiff for partial summary judgment. For the reasons stated below, this application is denied.

BACKGROUND

This action involves a dispute between a general contractor and a subcontractor on a project to construct a natural gas storage...

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