Eastern Gas & Fuel Associates v. Midwest-Raleigh, Inc.

CHRISTIE, District Judge:

This is an action for declaratory judgment under 28 U.S.C.A. § 2201 and Rule 57 of the Federal Rules of Civil Procedure. Federal jurisdiction by reason of diversity and requisite amount is found to exist under 28 U.S.C.A. § 1332.

For brevity, the plaintiff, Eastern Gas and Fuel Associates, will be referred to as “Eastern,” and the defendants here *956immediately concerned, Midwest-Raleigh, Inc. and Interstate Engineers & Constructors, Inc., as “Midwest” and “Interstate,” respectively.

I — Historical Background

The incident giving rise to the underlying controversy was an…