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MARYLAND CASUALTY CO. v. STATE HIGHWAY COMMISSION OF MO.

No. 1062.

256 F.Supp. 666 (1966)

MARYLAND CASUALTY COMPANY, Plaintiff, v. The STATE HIGHWAY COMMISSION OF MISSOURI, Defendant.

United States District Court W. D. Missouri, Central Division.

August 10, 1966.

Attorney(s) appearing for the Case

F. Philip Kirwan, Kansas City, Mo., for plaintiff.

Robert L. Hyder, Bruce A. Ring, State Highway Commission, Jefferson City, Mo., for defendant.

MEMORANDUM AND ORDER

JOHN W. OLIVER, District Judge.

I.

Plaintiff, invoking our diversity jurisdiction, brought the pending action against the State Highway Commission of Missouri "by way of subrogation and on account of the contractual rights conferred upon it by [an] Application for Contractor's Bond and Blanket Indemnity Agreement."

Although defendant contends that this action is in tort, it is obvious that plaintiff's claim is not predicated...

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