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ELLIS-DON CONST., INC. v. HKS, INC.

No. CIV.1:04 CV 00479.

353 F.Supp.2d 603 (2004)

ELLIS-DON CONSTRUCTION, INC., Plaintiff, v. HKS, INC.; Smith Seckman Reid, Inc.; and Corley Redfoot Zack, Inc., Defendants.

United States District Court, M.D. North Carolina.

December 29, 2004.

Attorney(s) appearing for the Case

Nigle Bruce Barrow, Jr., Raleigh, NC, Martin R. Salzman, William D. Flatt, Hendrick Phillips Salzman & Flatt, Atlanta, GA, for Plaintiff.

Andrew C. Buckner, John M. Nunnally, Ragsdale Liggett, PLLC, Arch T. Allen, III, Joseph C. Moore, III, Allen & Moore, L.L.P., Raleigh, NC, for Defendants.

MEMORANDUM OPINION

BULLOCK, District Judge.

This diversity action, filed May 27, 2004, arises out of a hospital construction project in which Ellis-Don Construction, Inc. ("Plaintiff") served as the general contractor and HKS, Inc. ("HKS"), Smith Seckman Reid, Inc. ("SSR"), and Corley Redfoot Zack, Inc. ("CRZ") (together, "Defendants") served as the design team, responsible for overall project design and management. Plaintiff alleges that Defendants...

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