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STATE OF MARYLAND v. W. E. DUNN CONSTRUCTION CO.

Civ. No. 12168.

191 F.Supp. 297 (1961)

STATE OF MARYLAND, to the Use of AMERICAN-MARIETTA COMPANY, a corporation of the State of Illinois, v. W. E. DUNN CONSTRUCTION CO., Inc., a corporation of the State of Maryland, Defendant. NEW HAMPSHIRE FIRE INSURANCE COMPANY, a corporation of the State of New Hampshire, Defendant and Third-party Plaintiff, v. Willie E. DUNN and T. H. Dudley Perkins, Third-party Defendants.

United States District Court D. Maryland.

February 8, 1961.

Attorney(s) appearing for the Case

Elizabeth R. Young, Washington, D. C., and George A. Chadwick, Jr., Boyds, Md., for Atlas Machine & Iron Works, Inc.

William A. Fisher, Jr., and Semmes, Bowen & Semmes, Baltimore, Md., for New Hampshire Fire Ins. Co.

THOMSEN, Chief Judge.

The motion of Atlas Machine and Iron Works, Inc. (Atlas) "for leave to intervene as a Use Plaintiff" under Rule 24 and to file a complaint against defendant New Hampshire Fire Insurance Company (Surety) is opposed by Surety on the ground that this court lacks jurisdiction over the cause of action alleged in the proposed complaint.

Defendant Dunn, a Maryland corporation, entered into a construction contract dated August 4, 1959, with the...

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