D. A. FOSTER EQUIPMENT CORP. v. FIDELITY & CASUALTY CO. OF N. Y.

Civ. No. 16537.

262 F.Supp. 278 (1966)

D. A. FOSTER EQUIPMENT CORPORATION v. FIDELITY AND CASUALTY COMPANY OF NEW YORK, the Home Indemnity Company of New York, Arnold S. Bowling, Elizabeth A. Rice, Cynthia A. Rice and Freddie L. Rice. The HOME INDEMNITY COMPANY OF NEW YORK, Cross-Claimant, v. FIDELITY AND CASUALTY COMPANY OF NEW YORK, Cross-Defendant.

United States District Court D. Maryland.

December 21, 1966.


Attorney(s) appearing for the Case

Alva P. Weaver, III, Baltimore, Md., for D. A. Foster Equipment Corp.

Herbert F. Murray and M. King Hill, Jr., Baltimore, Md., for Fidelity & Casualty Co. of New York.

C. MacNair Speed, Baltimore, Md., for Home Indemnity Co.


THOMSEN, Chief Judge.

This action for a declaratory judgment presents a jurisdictional question which must be disposed of before the other issues are reached.1

The Facts and The Proceedings

Merritt Chapman & Scott (Merritt) was engaged in erecting a building for the American Telephone and Telegraph Co.2 at Faulkner, Charles County, Maryland. Merritt contracted with plaintiff (Foster...

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