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AUGUSTA FUEL CO. v. BOND SAFEGUARD INS. CO.

No. CV-06-82-B-W.

502 F.Supp.2d 124 (2007)

AUGUSTA FUEL CO., Plaintiff v. BOND SAFEGUARD INSURANCE CO., Defendant.

United States District Court, D. Maine.

August 8, 2007.

Attorney(s) appearing for the Case

Mary Delano, Law Offices of Mary Delano, LLC, Cape Elizabeth, ME, for Plaintiff.

John P. Giffune, Verrill & Dana, Portland, ME, for Defendant.

A. Robert Ruesch, Verrill & Dana, Portland, ME, for Defendant/ThirdParty Plaintiff.

Wendell G. Large, Richardson, Whitman, Large & Badger, Portland, ME, for ThirdParty Defendant.

ORDER ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

WOODCOCK, District Judge.

After Augusta Fuel Company (Augusta Fuel) pre-paid PPCOM; Inc. $1,625,000 for delivery of 1,300,000 gallons of fuel under a supply contract, PPCOM failed to satisfy its promise to deliver the full quantity of fuel. Augusta Fuel now seeks to redeem the bond posted by PPCOM and issued by Bond Safeguard Insurance Co. (Bond Safeguard).

I. PROCEDURAL HISTORY

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