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The CLARK CONSTRUCTION GROUP, INCORPORATED, Plaintiff-Appellant, v. MODERN MOSAIC LTD; St. Paul Fire and Marine Insurance Company, Successor in Interest to: Fidelity and Guaranty Insurance Underwriters, Incorporated, Defendants-Appellees

United States Court of Appeals for the Fourth Circuit2001-10-17No. No. 01-1265
20 F. App'x 241

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Opinion

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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. Modem Mosaic, Ltd., No. 00-CV-2331 (D.Md. Nov. 30, 2000 & Jan. 29, 2001).

AFFIRMED.