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U.S. v. DIMARCO CORP.

No. 92-1148.

985 F.2d 954 (1993)

UNITED STATES of America, For the Use and Benefit of CONNER UNIVERSAL COMPANY, INC., a corporation, Plaintiff, v. DIMARCO CORPORATION; The Heritage Insurance Company of America, in liquidation, Defendants. The HERITAGE INSURANCE COMPANY OF AMERICA, in liquidation, Third Party-Plaintiff-Appellee, v. DIMARCO CORPORATION; H. Richard Westerhold; Marjorie Westerhold, Third Party-Defendants, James W. McElroy, Third Party-Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 8, 1993.

Attorney(s) appearing for the Case

Peter Paul Fiore, Jr., St. Louis, MO, argued, for appellant.

James A. Bingley, St. Louis, MO, argued (David M. Duree, on the brief), for appellee.

Before JOHN R. GIBSON, BOWMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

BOWMAN, Circuit Judge.

Third-party defendant James W. McElroy appeals from the District Court's grant of summary judgment to third-party plaintiff The Heritage Insurance Company of America (Heritage). The District Court adopted the report and recommendation of the magistrate judge to whom the matter was referred pursuant to 28 U.S.C. § 636(b) (1988).

The District Court's judgment awards Heritage damages against McElroy in the amount of $20,000 plus prejudgment...

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