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ARCH INS. CO. v. PRECISION STONE, INC.

Docket Nos. 07-3950-cv (L), 07-4139-cv (XAP).

584 F.3d 33 (2009)

ARCH INSURANCE COMPANY, Lumbermens Mutual Casualty Company, Defendants-Appellants-Cross-Appellees, v. PRECISION STONE, INC., Plaintiff-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 1, 2009.

Attorney(s) appearing for the Case

Patrick M. Reilly, DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains, NY, for Defendants-Appellants-Cross-Appellees.

Peter Goetz (Susan M. Pascale, of counsel) Goetz Fitzpatrick LLP, New York, NY, for Plaintiff-Appellee-Cross-Appellant.

Before: SACK and KATZMANN, Circuit Judges.

SACK, Circuit Judge:

Precision Stone Incorporated, a New York corporation, ("Precision") provided materials for and performed work on a construction project in White Plains, New York, pursuant to a subcontracting agreement with George A. Fuller Company and its construction manager HRH Construction LLC (together, "Fuller"). According to Precision, Fuller paid only a portion of the amount due to Precision for the work. Precision brought this action in an attempt to...

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