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C.R. Klewin Northeast, LLC v. James T. Flemming et al.

Memorandum of Decision on Cross Motions for Summary Judgment

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This is the decision of the trial court denying the state defendants' motion for summary judgment and granting the plaintiff contractor's motion for summary judgment in a mandamus action to compel the state to pay sums certified by the governor to be paid pursuant to C.G.S. 3-7. The court ruled that the authorization of a compromise pursuant to C.G.S. 3-7 created a ministerial duty to pay the sum certified, and that this duty was properly enforced by way of mandamus. The Connecticut Supreme Court ultimately reversed this decision, holding that C.G.S. 3-7 authorized, but did not require, government agencies to compromise a claim and thus the defendants had sovereign immunity from suit.


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Published In: Civil Procedure Updates, Commercial Law & Contracts Updates, Constitutional Law Updates, Construction Law Updates

Reference Info: Decision | State, 2nd Circuit, Connecticut | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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