Continental Casualty Co. v. United States Trust Co.

MEMORANDUM AND ORDER

This case puts into issue the sufficiency of a complaint which sets forth a claim for common law indemnification. Defendant has moved to dismiss the complaint for failure to state a claim upon *291which relief can be granted or in the alternative to dismiss on the basis that the issues raised therein are res judicata between the parties. Fed. R. Civ. P. 12(b)(6).

I. The Procedural Background

The record indicates that plaintiff John Randolph McDonald and defendant United States Trust Company as executor of the estate of Philip M. Childs were both named as defendants in a separate…