Ogden Development Corporation and the Dwight Building Company v. Federal Insurance Company

DANAHER, Senior Circuit Judge:

The appellants 1 (herein Ogden/ Dwight, a joint venture), sued on an obligation in which Charles Pankow, Inc. (herein Pankow) 2 a competing contracting company, was principal, and appellee, Federal Insurance Company (herein Federal) was surety. Ogden/Dwight relying upon Rule 56(c), had sought summary judgment, interlocutory in character, on the issue of liability, or, in the alternative, pointing to Rule 56(d), had moved for an order specifying facts appearing to be without substantial controversy. Federal cross-moved for summary judgment dismissing the…