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NATIONAL FIRE INS. CO. OF HARTFORD v. WESTGATE CONST. CO.

Civ. A. No. 2703.

227 F.Supp. 835 (1964)

NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a corporation of the State of Connecticut, Plaintiff, v. WESTGATE CONSTRUCTION CO., a corporation of the State of Delaware, and Longwood Construction Company, a corporation of the State of Delaware, Defendants, v. Charles M. ANTONINI et al., Third-Party Defendants.

United States District Court D. Delaware.

March 31, 1964.

Attorney(s) appearing for the Case

Albert L. Simon, Wilmington, Del., for plaintiff.

David Snellenburg, II, of Killoran & Van Brunt, Wilmington, Del., for defendant Longwood Construction Co.

LAYTON, District Judge.

This motion for summary judgment raises the question as to whether or not a general contractor-developer can foist off his liability for negligent performance under a building contract upon a subcontractor under a defense that the allegedly negligent work was performed by an independent contractor.

The facts are these. Defendant Longwood, a contractor-developer, contracted to build for Mr...

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