American Casualty Company of Reading, Pennsylvania, Third-Party v. Thomas J. Reidy, Third-Party

SWYGERT, Circuit Judge.

American Casualty Company instituted an action for a declaratory judgment to determine the extent of its obligations as surety on performance and payment bonds issued for Seymour Richards Construction Company. Later, American Casualty joined Thomas J. Reidy as a third party defendant. The third party action sought indemnification pursuant to an indemnity agreement executed on December 13, 1962, under which Reidy purportedly agreed to indemnify American Casualty for any losses suffered on bonds issued to Richards. Reidy moved to dismiss the third party complaint on the…