U.S. EX REL. EPC v. TRAVELERS & CAS. & SUR. CO.

Nos. 02-2313 PHX ROS, 03-0131 PHX ROS, 04-1360 PHX ROS.

423 F.Supp.2d 1016 (2006)

The UNITED STATES OF AMERICA for the Benefit and Use of EPC Corporation, an Arizona corporation, Plaintiff, v. TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA, et al., Defendant.

United States District Court, D. Arizona.

March 21, 2006.


Attorney(s) appearing for the Case

Hank E. Pearson, Jay Max Mann, Mann Berens & Wisner LLP, Kevin R. Harper, Dessaules Harper PLC, Phoenix, AZ, for Plaintiff.

Jeffrey L. Shields, Zachary T. Shields, Callister Nebeker & McCullough, Salt Lake City, UT, Chad L. Schexnayder, James L. Csontos, William F. Haug, Jennings, Haug & Cunningham LLP, Phoenix, AZ, for Defendant.


OPINION AND ORDER

SILVER, District Judge.

This case consists of three separate actions that were consolidated in July 2004. All of the actions stem from a construction contract involving a facility at Grand Canyon National Park. There are currently three Motions for Partial Summary Judgment pending before the Court. (Doc. 87, 89, 91) This Order resolves all three of those motions.

BACKGROUND

In March 2001, Beneco Enterprises ("Beneco")...

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