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MCI CONSTRUCTORS, LLC v. CITY OF GREENSBORO

Nos. 09-1600, 09-1606.

610 F.3d 849 (2010)

MCI CONSTRUCTORS, LLC, Plaintiff-Appellant, v. CITY OF GREENSBORO, a municipality, organized under the laws of the State of North Carolina, Defendant-Appellee, and Hazen and Sawyer, P.C., a New York Corporation, Defendant, v. National Union Fire Insurance Company of Pittsburgh, PA, a Pennsylvania Corporation, Third Party Defendant. MCI Constructors, LLC, Plaintiff, v. City of Greensboro, a municipality, organized under the laws of the State of North Carolina, Defendant-Appellee, and Hazen and Sawyer, P.C., a New York Corporation, Defendant, v. National Union Fire Insurance Company of Pittsburgh, PA, a Pennsylvania Corporation, Third Party Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 1, 2010.

Attorney(s) appearing for the Case

ARGUED: C. Allen Foster, Greenberg Traurig, LLP, Washington, D.C., for MCI Constructors, LLC. William P.H. Cary, George W. House, Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, North Carolina, for City of Greensboro. ON BRIEF: Eric C. Rowe, David Samuel Panzer, Greenberg Traurig, LLP, Washington, D.C., for MCI Constructors, LLC; John M. Gillum, Manier & Herod, Nashville, Tennessee, for National Union Fire Insurance Company of Pittsburgh, PA. Michael D. Meeker, Joseph A. Ponzi, Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, North Carolina, for City of Greensboro.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Chief Judge TRAXLER and Judge DAVIS joined.

OPINION

DUNCAN, Circuit Judge:

This appeal arises from a contract dispute concerning the construction of a wastewater treatment plant. This dispute has been before us once before. See MCI Constructors, Inc. v. City of Greensboro, 125 Fed.Appx. 471 (4th Cir.2005). Following that decision, all concerned parties agreed to submit the outstanding issues to arbitration. Arbitration yielded an award to Appellee City of Greensboro (the "City") of $14,939...

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