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POSVEN, C.A. v. LIBERTY MUT. INS. CO.

No. 02 Civ. 0623(PKL).

303 F.Supp.2d 391 (2004)

POSVEN, C.A., Plaintiff, v. LIBERTY MUTUAL INSURANCE CO. d/b/a Liberty Bond Services, Defendants. Liberty Mutual Insurance Co. d/b/a Liberty Bond Services, Defendants, Third-Party Plaintiffs, v. Posco Engineering & Construction Co. Ltd., Third-Party Defendants.

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

January 12, 2004.

Attorney(s) appearing for the Case

Dorsey & Whitney LLP, New York, NY, Minneapolis, MN, Neil E. McDonnell, Steven K. Champlin, for Plaintiff.

Thelen Reid & Priest LLP, New York, NY, Washington, DC, Jeffrey P. Rosenstein, Andrew D. Ness, Todd J. Wagnon, for Defendant, Third-Party Plaintiff.

White & Case LLP, New York, NY, John S. Willems, K. Allison White, for Third Party-Defendant.

OPINION AND ORDER

LEISURE, District Judge.

Plaintiff POSVEN, C.A. ("POSVEN") commenced this diversity action seeking damages for breach of a $39,375,000 performance bond ("Performance Bond" or "Bond") issued by defendant and third-party plaintiff Liberty Mutual Insurance Co. d/b/a Liberty Bond Services ("Liberty Mutual"). The Bond secured performance by Energy Overseas International, Inc. ("EOI") and United Engineers, Inc. ("UEI") on a series of contracts...

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