The Ohio Casualty Insurance Company v. Max D. Rynearson, Etc., and Third-Party v. Porter and Boston, Inc., Third-Party

PERRY, Senior District Judge.

This is an appeal by defendant-appellant, Max D. Rynearson, etc. (“Rynear-son”), from a judgment of the District Court which granted a motion for summary judgment in favor of plaintiff-ap-pellee, the Ohio Casualty Insurance Company (“Ohio Casualty”), upon its complaint for declaratory judgment, denied Rynearson’s cross-motion for summary judgment, and dismissed Rynearson’s third-party complaint against defendant-appellee, Porter and Boston, Inc. (“Porter and Boston”).

There are two issues: (1) Did the District Court err in granting summary judgment for Ohio…