UNITED BONDING INSURANCE COMPANY v. STEIN

Civ. A. No. 41981.

273 F.Supp. 929 (1967)

UNITED BONDING INSURANCE COMPANY, Plaintiff, v. Louis STEIN, Betty Stein and Lee G. Braunstein, a/k/a L. G. Braunstein, Defendants.

United States District Court E. D. Pennsylvania.

October 16, 1967.


Attorney(s) appearing for the Case

Peter M. Stern, M. Melvin Shralow, Philadelphia, Pa., for petitioner.

Paul J. Donnelly, Philadelphia, Pa., for respondent.


MEMORANDUM OPINION

WEINER, District Judge.

The defendants in this case move pursuant to Fed.R.Civ.P. 12(b) (6) to dismiss the action because plaintiff has allegedly failed to state a claim upon which relief can be granted. The plaintiff, in turn, is seeking specific performance of a "General Agreement of Indemnity" in which defendant petitioners have agreed, in paragraph 4, that:

If the [plaintiff] Company shall be required or deem it necessary...

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