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EVERGREEN INTERN., S.A. v. MARINEX CONST. CO.

C.A. No. 2:04-22351-PMD.

477 F.Supp.2d 690 (2007)

EVERGREEN INTERNATIONAL, S.A., Plaintiff, v. MARINEX CONSTRUCTION COMPANY, INC. and Norfolk Dredging Company, Inc., Defendants.

United States District Court, D. South Carolina, Charleston Division.

March 3, 2007.

Attorney(s) appearing for the Case

Gordon D. Schreck, Julius H. Hines, Sean Houseal, Buist Moore Smythe and McGee, Charleston, SC, for Plaintiff.

Paul Francis Tecklenburg, Rivers Thomas Jenkins, III, Tecklenburg Law Firm, Charleston, SC, David Harlin Sump, Crenshaw Ware and Martin, Norfolk, VA, for Defendants.

ORDER

DUFFY, District Judge.

This matter is before the court on Defendant Marinex Construction Company, Inc.'s ("Marinex") motion for summary judgment. For the following reasons, the court grants this motion.

BACKGROUND

On February 14, 2002, the United States Army Corps of Engineers awarded dredging contract DACW60-02-C-0002 ("the Dredging Contract") to Defendant Marinex. The Dredging Contract was for "new work and maintenance...

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