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07-635 - OLD PESI, INC. et al v. STANLEY SECURITY SOLUTIONS, INC.


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07-635 - OLD PESI, INC. et al v. STANLEY SECURITY SOLUTIONS, INC.
June 27, 2008
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ENTRY on Counter-Defendants' 31 Motion for Partial Summary Judgment and 34 Motion for Sanctions. CONCLUSION: Old Pesi's and CMS's Motion for Partial Summary Judgment (Doc. No. 31) is GRANTED IN PART and DENIED IN PART. Summary judgment is granted in favor of Old Pesi and CMS with respect toStanley's claim for indemnity under the Agreement for uncollected receivables to the extent that they constitute unbilled retention. Summary judgment shall also be entered in favor of Old Pesi and CMS with respect to Stanley's claim for indemnity under the Agreement for damages associated with a breach of warranties related to the individual construction projects known as Franklin County, SCI Mercer, Douglas County and MCI W. Jessup. The motion is denied in all other respects. In addition, Old Pesi and CMS's Motion for Sanctions (Doc. No. 34) is DENIED. Signed by Judge David Frank Hamilton on 06/27/2008. (LBK)