WIDETT v. U.S. FIDELITY AND GUAR. CO.

No. 595, Docket 86-7776.

815 F.2d 885 (1987)

Irving WIDETT, Co-Assignee for the Benefit of Creditors of B.W. Construction Co., Inc., Plaintiff-Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Reimann-Buechner Partnership, and County of Monroe, New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 9, 1987.


Attorney(s) appearing for the Case

Paul M. Lane, Boston, Mass. (Widett, Glazier & McCarthy, Boston, Mass., of counsel), for plaintiff-appellant.

Dennis R. McCoy, Rochester, N.Y., (Saperston & Day, Rochester, N.Y., of counsel), for defendant-appellee Reimann-Buechner Partnership.

Before MESKILL, KEARSE and MAHONEY, Circuit Judges.


MESKILL, Circuit Judge:

Irving Widett, co-assignee for the benefit of creditors of B.W. Construction Co., Inc. (B.W.), appeals from a judgment following an order of the United States District Court for the Western District of New York, Telesca, J., granting summary judgment to defendant-appellee Reimann-Buechner Partnership (R-B) and dismissing Count III of the complaint, which pertains to its claims against R-B. B.W., a subcontractor, alleged that R-B, a landscape...

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