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OLDCASTLE PRECAST v. U.S. FIDELITY & GUAR.

No. 05 Civ. 3800(WCC).

458 F.Supp.2d 131 (2006)

OLDCASTLE PRECAST, INC., Plaintiff, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Defendant.

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

October 4, 2006.

Attorney(s) appearing for the Case

Welby, Brady & Greenblatt, LLP, Paul G. Ryan, White Plains, NY, Attorneys for Plaintiff.

Torre Lentz Gamell Gary & Rittmaster, LLP, Benjamin D. Lentz, Jericho, NY, Attorneys for Defendant.

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge.

Plaintiff Oldcast Precast, Inc. ("Oldcastle") brings this action for breach of contract against defendant United States Fidelity and Guaranty Company (the "surety"). The surety brings a counterclaim against Oldcastle for breach of the same contract. The action was tried by the Court without a jury. The following opinion sets forth the Court...

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