S & W Construction & Materials Co. v. Dravo Basic Materials Co.

MEMORANDUM OPINION AND ORDER

TOM S. LEE, District Judge.

This cause is before the court on the motion of defendant/counter-plaintiff Dravo Basic Materials Co., Inc. (Dravo) for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff/counter-defendant S & W Construction and Materials Co., Inc. (S & W) has submitted its response to the motion. The court has considered the memoranda of authorities together with attachments submitted by the parties and concludes that Dravo’s motion is well taken and should be granted.

I. S & W’S ALLEGATIONS

S & W, a construction…