Sears, Sucsy & Co. v. Insurance Company of North America

MEMORANDUM ORDER

MARSHALL, District Judge.

The factual background of this litigation has been extensively discussed in two prior memoranda. The order of October 16, 1974, granted the motion for summary judgment of third-party defendant Ben B. Stein against the defendant-third-party-plaintiff. Insurance Company of North America. Subsequently, on March 27, 1975, the plaintiff’s motion to rehear and deny Stein’s motion was denied. Fed.R.Civ.P. 60 (b). 1

Each of the remaining parties to the litigation has moved for summary judgment, relying primarily upon the two previous orders.

Wescott Trainor and…