Travelers Indemnity Co. v. Arbogast

OPINION

ROSENBERG, District Judge.

A motion is here made by the defendant, Paul E. Arbogast, to dismiss the complaint filed by the plaintiff, Travelers Indemnity Company. The motion asserts that a West Virginia Court has already ruled that the plaintiff was not entitled to judgment against individual indemnitors and the motion to dismiss is here in order.

Counsel for both parties have indulged in an unauthorized contest through the means of briefs, supplemental briefs and second supplemental briefs. Counsel were never authorized to file other than original briefs and have arrogated an authority…