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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND * BARCLAY WHITE SKANSKA, INC. * Plaintiff/Counter-Defendant, * v. * BATTELLE MEMORIAL INSTITUTE, * Defendant/Counter-Plaintiff. * * * * * * * * * * * * * * Civil Action No.: RDB 04-3864

MEMORANDUM OPINION This action arises out of a Complaint filed by Plaintiff Barclay White Skanska, Inc., a corporation organized under the laws of the State of Pennsylvania, ("Plaintiff" or "Barclay") against Defendant Battelle Memorial Institute, a charitable trust organized as a non-profit corporation under the laws of the State of Ohio ("Defendant" or "Battelle"). The Complaint alleges that, inter alia, Defendant failed to pay monies owed to Plaintiff under a construction contract to be performed in Aberdeen, Maryland. Defendant has filed a counterclaim against Plaintiff for breach of contract. Pending before this Court are Plaintiff's Motion for Partial Summary Judgment and Defendant's Motion for Summary Judgment. Neither party has moved for summary judgment on Defendant's counterclaim. This Court has jurisdiction under 28 U.S.C.

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Maryland Law