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L.W. MATTESON v. SEVENSON ENVIRONMENTAL SERVICES

No. 10-CV-168S.

831 F.Supp.2d 608 (2011)

L.W. MATTESON, INC., Plaintiff, v. SEVENSON ENVIRONMENTAL SERVICES, INC., Defendant.

United States District Court, W.D. New York.

November 17, 2011.

Attorney(s) appearing for the Case

James Michael Lennon , John N. Blair , Blair & Roach LLP, Tonawanda, NY, Daniel R. Zmijewski , Matthew W. Lytle , Stephen R. Miller , Miller Schirger, LLC, Kansas City, MO, for Plaintiff.

Edward P. Perlman , Magavern Magavern Grimm LLP, Niagara Falls, NY, for Defendant.

DECISION AND ORDER

WILLIAM M. SKRETNY, Chief Judge.

I. INTRODUCTION

In this action, Plaintiff L.W. Matteson, Inc. ("Matteson") brings suit against Defendant Sevenson Environmental Services, Inc. ("Sevenson") claiming that Defendant breached its contract with Plaintiff by failing to pay the agreed upon amount following Plaintiff's completion of dredging services on Defendant's behalf. Defendant counterclaims alleging Plaintiff negligently misrepresented...

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