WEYERHAEUSER CO. v. STATE ROADS COM'N OF MARYLAND

Civ. No. 11841.

187 F.Supp. 766 (1960)

WEYERHAEUSER COMPANY (formerly known as Weyerhaeuser Timber Company), a corporation of the State of Washington v. STATE ROADS COMMISSION OF MARYLAND, acting for and on behalf of the State of Maryland, Defendant and Third-party Plaintiff, and Merritt-Chapman & Scott Corporation, a corporation of the State of Delaware, and C. J. Langenfelder & Son, Inc., a corporation of the State of Maryland, Defendants v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, and the Aetna Casualty & Surety Co., a corporation of the State of Connecticut, and National Surety Corporation, a corporation of the State of New York, and Maryland Casualty Company, a corporation of the State of Maryland, and United States Fidelity & Guarantee Company, a corporation of the State of Maryland, and Hartford Accident & Indemnity Co., a corporation of the State of Connecticut, and Indemnity Insurance Company of North America, a corporation of the State of Pennsylvania, Third-Party Defendants. STATE ROADS COMMISSION OF MARYLAND, acting for and on behalf of the State of Maryland, Cross-Claimant v. MERRITT-CHAPMAN & SCOTT CORPORATION, and C. J. Langenfelder & Son, Inc., Cross-Defendants.

United States District Court D. Maryland.

October 7, 1960.


Attorney(s) appearing for the Case

Clayton W. Daneker and George W. Constable, Baltimore, Md., and C. S. Huffman, New York City, for plaintiff.

C. Ferdinand Sybert, Atty. Gen., of Md., Joseph D. Buscher, Sp. Asst. Atty. Gen., Fletcher Krause and Herbert L. Cohen, Sp. Attys., Baltimore Md., for State Roads Commission of Md., defendant & third-party plaintiff and cross-claimant.

Norman P. Ramsey and Semmes, Bowen & Semmes, Baltimore, Md., for Merritt-Chapman & Scott Corp., defendant & cross-defendant.

Wm. B. Somerville and Smith, Somerville & Case, Baltimore, Md., for C. J. Langenfelder & Son, Inc., defendant & cross-defendant.

Norman P. Ramsey, David F. Albright and Semmes, Bowen & Semmes, Baltimore, Md., for Fidelity & Deposit Co. of Md., Aetna Casualty & Surety Co., National Surety Corp., Maryland Casualty Co., United States Fidelity & Guarantee Co., and Hartford Accident & Indemnity Co., third-party defendants.

Wm. B. Somerville and Smith, Somerville & Case, Baltimore, Md. for Indemnity Insurance Co. of North America, third-party defendant.


THOMSEN, Chief Judge.

The principal question raised by the pending motions is whether this court has jurisdiction over the claim against "State Roads Commission of Maryland, acting for and on behalf of the State of Maryland", included in the complaint.

The Parties

Plaintiff is a Washington corporation,1 which owns property on the south side of the Patapsco River, in Baltimore, Maryland.

Defendant State Roads Commission...

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