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UNITED STATES FIDELITY, ETC. v. DiMASSA

Civ. A. No. 77-2564.

496 F.Supp. 71 (1980)

UNITED STATES FIDELITY & GUARANTY COMPANY (USFG) v. Rudolph J. DiMASSA and Ruggero D'Onofrio, Defendants, and John F. Naulty, Reading Company and/or Consolidated Rail Corporation, its successor, (ConRail), the Pillsbury Company, and General Mills, Inc., Third-Party Defendants.

United States District Court, E. D. Pennsylvania.

July 16, 1980.

Attorney(s) appearing for the Case

Rudolph J. DiMassa, pro se.

Theodore W. Flowers, Francis P. Devine, III, David E. Sandel, Jr., James D. Fornari, Philadelphia, Pa., Peter F. Baughman, Norristown, Pa., James M. Peck, Philadelphia, Pa., for third-party defendants.

OPINION

DITTER, District Judge.

This is a suit by a bonding company on an indemnity agreement. Presently before me are motions to dismiss and for summary judgment on behalf of third-party defendants, Reading Company, ConRail, Pillsbury Company, and General Mills, Inc.

This action is one of many spanning almost a decade of litigation involving rail shipments of flour made in 1968 by Pillsbury and General Mills to Western Flour, a regional distributor...

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