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OGDEN DEVELOPMENT CORP. v. FEDERAL INSURANCE CO.

No. 171, Docket 74-1604.

508 F.2d 583 (1974)

OGDEN DEVELOPMENT CORPORATION and the Dwight Building Company, Plaintiffs-Appellants, v. FEDERAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 9, 1974.

Attorney(s) appearing for the Case

William W. Owens, New York City (Rogers & Wells, New York City), for plaintiffs-appellants.

Cecil F. Holland, Jr., New York City, Hart & Hume, New York City, for defendant-appellee.

Before DANAHER, FEINBERG and MULLIGAN, Circuit Judges.

DANAHER, Senior Circuit Judge:

The appellants1 (herein Ogden/Dwight, a joint venture), sued on an obligation in which Charles Pankow, Inc. (herein Pankow)2 a competing contracting company, was principal, and appellee, Federal Insurance Company (herein Federal) was surety. Ogden/Dwight relying upon Rule 56(c), had sought summary judgment, interlocutory in character...

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