JERSEY PAVING CO. v. FID. & DEPOSIT CO. OF MD.

Civ. A. Nos. 84-2431 to 84-2433, 84-3926.

603 F.Supp. 414 (1985)

JERSEY PAVING COMPANY, INC., Plaintiff, v. FIDELITY & DEPOSIT COMPANY OF MARYLAND, et al., Defendants. (3 cases). Earl B. PANCOAST, Plaintiff, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, et al., Defendants.

United States District Court, D. New Jersey.

As Amended April 11, 1985.


Attorney(s) appearing for the Case

Michael D. Capizola, Capizola & Fineman, Vineland, N.J., for Jersey Paving Co.

Robert Edwards, Mount Holly, N.J., for Fidelity & Deposit Co. of Md.

John G. Hoffman, Salem, N.J., for Earl B. Pancoast.

Raymond H. Zane, Woodbury, N.J., for Lower Alloways Creek.


OPINION

BISSELL, District Judge.

At issue before the Court is the question of whether removal jurisdiction exists in each of the above cases pursuant to 28 U.S.C. § 1441(c). The non-resident removing defendant in each action (Fidelity & Deposit Company of Maryland — "Fidelity") asserts that any claim against it as a bonding company is "a separate and independent claim or cause of action, which would be removable if sued upon alone," accordingly...

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