Aetna Casualty & Surety Co. v. Samson

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

This is a declaratory judgment action. Jurisdiction is founded on diversity of citi zenship and the matter in controversy exceeds $10,000. 28 U.S.C. § 1332. Plaintiff is the Aetna Casualty & Surety Company. Defendant Charles Samson, Jr. was a partner in defendant Southern Colorado Wholesale Roofing, Co. prior to its incorporation in January, 1975, and is presently the president of • defendant Southern Colorado Wholesale Roofing, Inc.

The matter is before the court on cross motions for summary judgment pursuant to Rule 56 of the Federal Rules of…