Garrett et al v. Nelson and Affiliates, LLC et al
| Robert Garrett and Sonya Garrett |
| Nelson and Affiliates, LLC, Jci General Contractors, Allstate Construction, Inc. and Chris Plummer |
| 1:2010cv00023 |
| January 8, 2010 |
| US District Court for the Middle District of Alabama |
| Dothan Office |
| Houston |
| W. Harold Albritton |
| Terry F. Moorer |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
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Filing
60
MEMORANDUM OPINION AND ORDER; that 1. The Motion for Summary Judgment 36 is DENIED to the extent that it seeks judgment on a non-existent claim for breach of contract. 2. The Motion for Summary Judgment 36 is GRANTED and judgment is entered in fa vor of JCI General Contractors; All State Construction, Inc.; and Chris Plummer and against Circle City Glass, Inc. on the indemnify claim in the Third Party Complaint, based on Article 12.1 of the Subcontract. Circle City is ORDERED to indemnify JCI/ All State for any judgment rendered against them in this case, together with attorneys fees and costs of defense. Signed by Honorable W. Harold Albritton, III on 1/25/2011. (Attachments: # 1 Civil Appeals Checklist)(jg, )
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