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ADP MARSHALL, INC. v. NORESCO, LLC

C.A. No. 07-129ML.

710 F.Supp.2d 197 (2010)

ADP MARSHALL, INC., a Division of Fluor NE, Inc., Plaintiff/Counterclaim Defendant, v. NORESCO, LLC and Lumbermens Mutual Casualty Company, Defendants/Counterclaim Plaintiffs/Third-Party Plaintiffs, v. St. Paul Fire and Marine Insurance Company and Fidelity and Deposit Company of Maryland, Third-Party Defendants.

United States District Court, D. Rhode Island.

April 30, 2010.

Attorney(s) appearing for the Case

Andrew J. Tine , Law Office of Andrew J. Tine, Bristol, RI, for Plaintiff/Counterclaim Defendant.

Cheryl B. Pinarchick , Matthew P. Sgro , Brown Rudnick Berlack Israels LLP, Boston, MA, William M. Dolan, III , Brown Rudnick Berlack Israels LLP, Providence, RI, for Defendants/Counterclaim Plaintiffs/Third-Party Plaintiffs.

DECISION AND ORDER

MARY M. LISI, Chief Judge.

Plaintiff ADP Marshall, Inc. ("ADPM"), a subsidiary of Fluor NE, Inc., brings this action for breach of contract against defendant Noresco, LLC ("Noresco") in connection with the construction of a cogeneration facility (the "Facility") for the Rhode Island Department of Mental Health, Retardation and Hospitals ("MHRH"). ADPM has also raised claims pursuant to a payment bond issued by Noresco's surety, Lumbermens...

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