Allied Mutual Insurance v. Farmers National Co.

MEMORANDUM AND ORDER

HANSON, District Judge.

This ruling is predicated upon (1) plaintiff Allied Mutual Insurance Company’s motion for partial summary judgment, and (2) defendant Farmers Terminal Elevator Company’s motion for summary judgment on its counterclaim. Inasmuch as both motions raise essentially legal matter in the nature of motions to dismiss for failure to state a claim, and in absence of any request for hearing thereon, the Court considers these matters upon the present record.

This is an action in the nature of inter-pleader arising out of the alleged failure of a bonded statutory…