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WISE INVESTMENTS, INC. v. BRACY CONTRACTING, INC.

No. 01-3458

232 F.Supp.2d 390 (2002)

WISE INVESTMENTS, INC., Plaintiff, v. BRACY CONTRACTING, INC. and National Fire Insurance Company of Hartford, Defendants.

United States District Court, E.D. Pennsylvania.

October 17, 2002.

Attorney(s) appearing for the Case

Scott R. Lipson, Tallman Hudders & Sorrentino, Allentown, PA, Adam C. Harrison, Jeffrey S. Rosenfeld, Adam C. Harrison, PC, Towson, MD, for Plaintiff.

James D. Hollyday, Pepper Hamilton, LLP, Philadelphia, PA, Bruce W. Ficken, Joshua P. Broudy, Pepper Hamilton & Scheetz, Philadelphia, PA, Steven A. Bergstein, Hyman, Engel, Weiner and Bergstein, Allentown, PA, for Defendants.

OPINION AND ORDER

VAN ANTWERPEN, District Judge.

Defendant National Fire Insurance Company of Hartford ("National Fire") moves for summary judgment pursuant to Fed.R.Civ.P. 56, against Wise Investments, Inc. ("Wise"), in an action to recover on a performance bond on which National Fire is named as the surety. Wise's claim under the bond arises from the disputed performance of a contract between itself, as owner, and Bracy Contracting, Inc. ("Bracy...

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