the Clark Construction Group, Incorporated v. Modern Mosaic Ltd

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-1265
THE CLARK CONSTRUCTION GROUP, INCORPORATED,
Plaintiff - Appellant,
versus
MODERN MOSAIC LTD; ST. PAUL FIRE AND MARINE
INSURANCE COMPANY, Successor in Interest to:
Fidelity and Guaranty Insurance Underwriters,
Incorporated,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CA-00-
2331-MJG)
Argued: September 26, 2001 Decided: October 17, 2001
Before WIDENER and WILKINS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
ARGUED: David Bruce Stratton, JORDAN, COYNE & SAVITS, L.L.P.,
Washington, D.C., for Appellant. Edward C. Bacon, BACON, THORNTON
& PALMER, L.L.P., Lanham, Maryland, for Appellee Modern Mosaic;
Stephen Edward Marshall, VENABLE, BAETJER & HOWARD, L.L.P., Balti-
more, Maryland, for Appellee St. Paul Fire. ON BRIEF: David P.
Durbin, JORDAN, COYNE & SAVITS, L.L.P., Washington, D.C., for
Appellant.

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Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Clark Construction Group, Inc. (Clark) appeals the district
court’s grant of summary judgment in favor of Modern Mosaic, Ltd.
(Modern), a subcontractor of Clark, with respect to Clark’s claim
that, pursuant to a subcontract agreement between Clark and Modern,
Modern is obligated to indemnify it for litigation and settlement
expenses that it incurred in connection with the personal injury of
Jeffery Glazer, an employee of a lower-tier subcontractor of
Modern. Clark also appeals the district court’s Rule 12(b)(6)
dismissal of its related indemnity claim against St. Paul Fire and
Marine Insurance Company. Fed. R. Civ. P. 12(b)(6).
Upon reviewing the parties’ briefs and the applicable law, and
having had the benefit of oral argument, we find no reversible
error. Accordingly, we affirm on the reasoning of the district
court. Clark Constr. Co. v. Modern Mosaic, Ltd., No. 00-CV-2331
(D.Md. Nov. 30, 2000 & Jan. 29, 2001).
AFFIRMED

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