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07-061 - JOHN W. DANIEL & COMPANY, INCORPORATED v. DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION et al


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07-061 - JOHN W. DANIEL & COMPANY, INCORPORATED v. DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION et al
June 6, 2008
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MEMORANDUM OPINION and RECOMMENDATION of MAGISTRATE JUDGE DIXON signed on 6/6/2008 that the court DENY the motion for summary judgment brought by DPS (docket no. 43) and GRANT the motion for summary judgment brought by Defendant LS3P Associates, Ltd. (Boney) (docket no. 41). Finally, because trial is scheduled to commence on July 7, 2007, there is no need to address at this date DPS's request in its counterclaim for a declaratory judgment allowing it to continue holding as retainage certain funds under the Contract. (Lee, Lisa)