UNITED STATES of America for the use of Belt Con Construction, Inc., Plaintiff,
v.
METRIC CONSTRUCTION, INC., and Safeco Insurance Company of America, Defendants.
United States District Court, D. New Mexico.https://leagle.com/images/logo.png
October 11, 2004.
October 11, 2004.
Attorney(s) appearing for the Case
Francis S. Ainsa, Jr., Michael F. Ainsa, El Paso, TX, Travis R. Collier, Rodey, Dickason, Sloan, Akin & Robb, P.A., Albuquerque, NM, William J. Derrick, Law Office of William J. Derrick, P.C., El Paso, TX, for Plaintiff.
Christian C. Doherty, James B. Reeves, Reeves, Chavez, Albers, Anderson & Baca, P.A., Albuquerque, NM, Steven D. Meacham, Dann & Meacham, Seattle, WA, for Defendants.
United States District Court, D. New Mexico.
MEMORANDUM OPINION AND ORDER
BROWNING, District Judge.
THIS MATTER comes before the Court on the Plaintiff's Motion for Partial Summary Judgment, filed July 19, 2004 (Doc. 60). The Court held a hearing on this motion on September 2, 2004. The primary issue is whether Defendant Metric Construction Co., Inc. ("Metric") can maintain a counterclaim for actual damages, which may include liquidated damages it paid the United States of America...
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