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TRAVELERS INDEM. CO. v. CROWN CORK & SEAL CO.

No. 93 Civ. 0993 (SWK).

865 F.Supp. 1083 (1994)

The TRAVELERS INDEMNITY COMPANY, Liberty Mutual Insurance Company, and American Motorists Insurance Company, Plaintiffs, v. CROWN CORK & SEAL COMPANY, INC., Crown Beverage Packaging, Inc., Continental Holdings, Inc., Sonoco Products Company, Sonoco Fibre Drum, Inc., and KMI Continental Fibre Drum, Inc., Defendants.

United States District Court, S.D. New York.

October 25, 1994.

Attorney(s) appearing for the Case

Simpson Thacher & Bartlett by Barry R. Ostrager, Mary Kay Vyskocil, Nancy B. Mallery, Aron, Twomey, Hoppe & Gallanty by Michael E. Twomey, Law Office of Samuel A. Almon by Samuel A. Almon, New York City, Manta & Welge by Albert L. Piccerilli, Princeton, NJ, Drinker Biddle & Reath by T. Andrew Culbert, Philadelphia, PA, for plaintiffs.

Waters, McPherson, McNeill, P.C. by Gregory J. Castano, Mark J. McPherson, Genevieve Raganelli, Robert J. Donaher, Secaucus, NJ, Williams, Caliri, Miller & Otley by Hope M. Pomerantz, Wayne, NJ, for defendants.

KRAM, District Judge.

In this insurance coverage dispute, defendants move for an order dismissing the complaint on the grounds that plaintiffs have failed to allege a justiciable case or controversy. Defendants also move, pursuant to Rules 12(b)(7) and 19(b) of the Federal Rules of Civil Procedure, for an order dismissing the complaint for failure to join an indispensable party. Alternatively, defendants move for an order either dismissing or staying the action on...

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