Peoples Supply, Inc. v. Vogel-Ritt of Penn-Mar-Va., Inc.

BOREMAN, District Judge.

This action was instituted in the Circuit Court of Jefferson County, West Virginia, by Peoples Supply, Inc., a West Virginia corporation, against Vogel-Ritt of Penn-Mar-Va., Inc., a Maryland corporation, based on alleged negligence resulting in the destruction by fire of the plaintiff’s flour mill. On motion of the defendant, the case was removed to this court on the ground of diversity of citizenship.

As a result of its loss due to the fire, Peoples Supply was indemnified in part by American Central Insurance Co., a Missouri corporation, Camden Fire Insurance Assn., a…