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WM. A. SMITH CONTRACT. CO. INC. v. TRAVELERS INDEM. CO.

No. 72-1141.

467 F.2d 662 (1972)

WM. A. SMITH CONTRACTING CO., INC., Plaintiff-Appellee, v. The TRAVELERS INDEMNITY COMPANY, Defendant, and The Delaware River Port Authority, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 10, 1972.

Attorney(s) appearing for the Case

George E. Erickson, Jr., Tulsa, Okl. (Cosgrove, Webb & Oman, Topeka, Kan., on the brief), for plaintiff-appellee.

Payne H. Ratner, Jr., Wichita, Kan. (Thomas F. Connery, Jr., Camden, N. J., on the brief), for defendant-appellant The Delaware River Port Authority.

No appearance for defendant The Travelers Indemnity Co.

Before BREITENSTEIN, McWILLIAMS and BARRETT, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This diversity action concerns the right to an undisputed sum due from defendant Travelers Indemnity Company and paid into court by it. The court gave summary judgment for plaintiff-appellee Wm. A. Smith Contracting Co. and defendant-appellant Delaware River Port Authority has appealed.

Smith brought the suit in the District of Kansas. Both insurer and DRPA entered general appearances. No jurisdictional question is raised. DRPA...

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