Travelers Casualty and Surety Company of America v. Taylor and Murphy Construction Co. Inc. et al
Filing
5
JUDGMENT in favor of Travelers Casualty and Surety Company of America against Leasing & Equipment Sales Company, Inc., Taylor and Murphy Construction Co. Inc. Signed by District Judge Martin Reidinger on 07/09/2013. (thh) (Main Document 5 replaced on 7/15/2013 to correct signature date) (thh).
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA,
Plaintiff,
vs.
TAYLOR AND MURPHY
CONSTRUCTION CO. INC. and
LEASING & EQUIPMENT SALES
COMPANY, INC. D/B/A LESCO,
Defendants.
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Case No. 1-13-cv-00118
JUDGMENT AGAINST DEFENDANTS TAYLOR AND MURPHY CONSTRUCTION
CO. INC. AND LEASING & EQUIPMENT SALES
COMPANY, INC. D/B/A LESCO
This matter came before the Court on Plaintiff Travelers Casualty and Surety Company
of America and Defendants Taylor and Murphy Construction Co. Inc. and Leasing & Equipment
Sales Company, Inc. d/b/a LESCO’s Joint Motion for Consent Judgment against Defendants
Taylor and Murphy Construction Co. Inc. and Leasing & Equipment Sales Company, Inc. d/b/a
LESCO. Upon consideration of the Joint Motion and the record in this matter, the Court finds
that the Joint Motion should be GRANTED.
Therefore, it is hereby ORDERED, ADJUDGED, AND DECREED that:
1.
The claims of Travelers Casualty and Surety Company of America relating to
the Watauga County Project, as referenced in paragraphs twenty through twenty four of the
Amended Complaint, are dismissed without prejudice. Travelers expressly reserves the right to
renew its claims for losses sustained in relation to the Watauga County Project, as referenced
in paragraphs twenty through twenty four of the Amended Complaint.
2.
Judgment is entered in Travelers Casualty and Surety Company of
America’s favor and against Defendants Taylor and Murphy Construction Co. Inc. and
Leasing & Equipment Sales Company, Inc. d/b/a LESCO, jointly and severally, in the amount
of fourteen million five hundred twenty thousand ninety six dollars and thirty four cents
($14,520,096.34). The real property located at 643 Brevard Road Ashville, North Carolina
28806 and owned by LESCO (as described in Deed Book 1828, Page 0585 and Deed Book
2556, Page 0192 of the Buncombe County Registry) is not subject to this Judgment or any
judgment lien arising from this Judgment.
IT IS SO ORDERED.
Signed: July 9, 2013
APPROVED FOR ENTRY:
/s/ Jeffrey S. Price
Jeffrey S. Price
N.C. Bar No. 42590
MANIER & HEROD
One Nashville Place, Suite 2200
150 Fourth Avenue North
Nashville, Tennessee 37219
Phone: (615) 244-0030
Fax: (615) 242-4203 jprice@manierherod.com
Attorney for Plaintiff
Travelers Casualty and Surety Corporation of America
/s/ Robert H. Haggard
Robert H. Haggard N.C. Bar No. 6181
The Van Winkle Law Firm
11 North Market Street
Ashville, North Carolina 28801
Phone: (828) 258-2991
Fax: (828) 255-0255
rhaggard@vwlawfirm.com
Attorney for Defendants
Taylor and Murphy Construction Co. Inc.
Leasing & Equipment Sales Company, Inc. d/b/a LESCO
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