MORSE/DIESEL, INC. v. TRINITY INDUSTRIES, INC.

Nos. 1860, 1791, Dockets 95-7063, 95-7069.

67 F.3d 435 (1995)

MORSE/DIESEL, INC., Plaintiff-Appellee, v. TRINITY INDUSTRIES, INC.; Mosher Steel Company, and Aetna Insurance Company, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 27, 1995.


Attorney(s) appearing for the Case

Kenneth Conboy, New York City (Walter P. Loughlin, Mudge Rose Guthrie Alexander & Ferdon, New York City, Robert K. Cox, Daniel E. Cohen, Watt, Tieder & Hoffar, McLean, VA, of counsel) for Defendants-Appellants Trinity Industries, Inc. and Mosher Steel Company.

Anthony J. D'Auria, New York City (James J. Terry, Winston & Strawn, New York City, of counsel) for Defendant-Appellant Aetna Insurance Company (presently known as CIGNA Property and Casualty Insurance Company).

Peter N. Wang, New York City (Arthur S. Friedman, Charles R. Macedo, Friedman, Wang & Bleiberg, P.C., New York City, of counsel) for Plaintiff-Appellee.

Before: KEARSE, ALTIMARI and PARKER, Circuit Judges.


PARKER, Circuit Judge:

Major construction projects generate major construction litigation. Management of either is perilous.

Morse/Diesel, Inc., the general contractor for the construction of the Marriott Marquis Hotel in Manhattan's Times Square, sued the project's structural steel subcontractor, Mosher Steel Company, a division of Trinity Industries, Inc. (collectively "Trinity"), and Trinity's bonding company, Aetna Insurance Company, for damages arising...

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