Wm. A. Smith Contracting Co., Inc. v. The Travelers Indemnity Company, and the Delaware River Port Authority

BREITENSTEIN, Circuit Judge.

This diversity action concerns the right to an undisputed sum due from defendant Travelers Indemnity Company and paid into court by it. The court gave summary judgment for plaintiff-appellee Wm. A. Smith Contracting Co. and defendant-appellant Delaware River Port Authority has appealed.

Smith brought the suit in the District of Kansas. Both insurer and DRPA entered general appearances. No jurisdictional question is raised. DRPA moved for transfer of the cause to either the Eastern District of Pennsylvania or the District of New Jersey, and the court denied the…