Legal Opinion

New Bern Riverfront Development, LLC v. Weaver Cooke Construction, LLC (In re New Bern Riverfront Development, LLC)

United States Bankruptcy Court, E.D. North Carolina

Decided September 26, 2014No. CASE NO. 09-10340-8-SWH; ADVERSARY PROCEEDING NO. 10-00023-8-APPublished

1Opinion of the Court

ORDER ALLOWING MOTION OF HAMLIN ROOFING COMPANY, INC. FOR SUMMARY JUDGMENT ON INDEMNITY CLAIM

Stephani W. Humrickhouse, United States Bankruptcy Judge

Pending before the court is the final component of the motion for summary judgment filed by third-party defendant Hamlin Roofing Company, Inc. (“HRCI”) against Weaver Cooke Construction, LLC (“Weaver Cooke”), in its capacity as third-party plaintiff. The court already entered an order denying HRCI’s motion for summary judgment with respect to two of Weaver Cooke’s three claims against it (for negligence and breach of express warranty), which HRCI…

2Cases cited14 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  3. Executive Benefits Insurance Agency v. ArkisonSupreme Court of the United States · 2014
  4. Johnston County v. R. N. Rouse & Co.Supreme Court of North Carolina · 1992
  5. Schenkel & Shultz, Inc. v. Hermon F. Fox & AssociatesSupreme Court of North Carolina · 2008

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