Aetna Insurance Co. of Hartford v. Southern, Waldrip & Harvick

HALBERT, District Judge.

I

Px'esently before this Court is a motion to dismiss the cross-complaint filed herein by defendants and cross-complainants A1 Sanders and Paul Hurst and by cross-complainant United States for the use of Paul Hurst dba Hurst Sand and Gravel Company and A1 Sanders, against defendants and cross-defendants Southern, Waldrip & Harvick and Continental Casualty Company.

It appears from the undisputed pleadings of all parties that defendant and cross-defendant Southern, Waldrip & Harviek was the prime contractor on a contract for the construction or improvement of facilities…