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HARRELL & SUMNER CONTR. CO. v. PEABODY PETERSEN CO.

No. 73-24-CIV-M.

415 F.Supp. 573 (1976)

HARRELL AND SUMNER CONTRACTING COMPANY, INC. (a Georgia Corporation), Plaintiff, v. PEABODY PETERSEN CO., an Illinois Corp. et al., Defendants. PEABODY PETERSEN CO., Defendant and Third-party Plaintiff, v. EVANS CONSTRUCTION COMPANY, a division of Moore Pipe and Springler Co., a corp. and St. Paul Fire and Marine Insurance Company, etc., Third-party Defendants.

United States District Court, N. D. Florida, Marianna Division.

May 13, 1976.

Attorney(s) appearing for the Case

Kunes & Kunes, Tifton, Ga., Robert J. Ritter, Miami, Fla., for plaintiff.

Lawrence M. Watson, Jr., Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P. A., Orlando, Fla., for defendant and third-party plaintiff Peabody.

Dewey R. Villareal, Jr., John J. McLaughlin, Tampa, Fla., for defendant Orofino.

Cecil G. Costin, Jr., Port St. Joe, Fla., for Federal Ins. Co. and Peabody Petersen.

Lynn C. Higby, Isler, Higby, Brown & Smoak, Panama City, Fla., for St. Joe Paper Co.

Benjamin W. Redding, Panama City, Fla., for Sverdrup & Parcel Assoc., Inc., and Register & Cummings Engineers, Inc.

Robert J. Kelly, Tallahassee, Fla., for Evans Const. Co. and St. Paul Fire and Marine Ins. Co., third-party defendants.

William J. Rish, Port St. Joe, Fla., for City of Port St. Joe.

ORDER GRANTING MOTION TO DISMISS

STAFFORD, District Judge.

On November 20, 1974, this court ruled that diversity jurisdiction over the present action had been properly invoked. Lack of subject matter jurisdiction, however, can be raised at any time. Rule 12(h)(2), (3), Fed.R.Civ.P. The vehicle for re-examination of this court's subject matter jurisdiction is the motion of Sverdrup and Parcel Associates filed January 6, 1975. In its order of March 8, 1976...

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