Werneth v. Cook

MEMORANDUM OF DECISION

ORMA R. SMITH, District Judge.

In the action sub judice, the court is faced with a problem which is likely to recur in cases of this nature. More specifically, the issue is whether or not, in an action involving public officials and the insurance companies which act as sureties on their bonds, a cross-claim for indemnity by the surety against the public employee survives without independent jurisdictional grounds, where the plaintiff’s original action is dismissed. In order to resolve this issue, we must turn first to an analysis of the particular fact situation involved…