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BYER INDUSTRIES, INC. v. GULF INS. CO.

Civ. A. No. 94-1940(JR).

888 F.Supp. 1 (1995)

BYER INDUSTRIES, INC., et al., Plaintiffs, v. GULF INSURANCE CO., et al. Defendants and Third-Party Plaintiffs v. AMERICAN STAR BUILDERS, INC. and Mary Merkle, et al., Third-Party Defendants.

United States District Court, District of Columbia.

May 11, 1995.

Attorney(s) appearing for the Case

Julie A. Quagliano and Mary Kaitlin McSally, Washington, DC, for Byer Industries, Inc. and Abner Byer.

Robert E. Carney, Whiteford Taylor & Preston, Baltimore, MD, for Gulf Ins.

Elliot S. Epstein, Washington, DC, for Mary Merkel and American Star Builders, Inc.

Charles J. Morton, Jr., Kollman & Sheehan, Baltimore, MD, for Senate Masonry, Inc. and Everett Greenstreet.

MEMORANDUM

ROBERTSON, District Judge.

On March 16, 1995, the Court heard the motion of Byer Industries, Inc. and Abner Byer and the motion of Senate Masonry and Everett Greenstreet to dismiss the first amended counterclaim and third-party complaint of American Star Builders ("AmStar") and Mary Merkle. On April 5, 1995, AmStar and Mary Merkle moved to amend their counterclaim and what the motion now termed a fourth-party complaint. On April 20, 1995...

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