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AETNA CAS. & SUR. CO. v. SPARTAN MECHANICAL CORP.

No. 89-CV-2776 (JRB).

738 F.Supp. 664 (1990)

AETNA CASUALTY & SURETY COMPANY, Plaintiff, v. SPARTAN MECHANICAL CORPORATION, et al., Defendants. SPARTAN MECHANICAL CORPORATION, Third-Party Plaintiff, v. Brendan SEXTON, et al., Third-Party Defendants.

United States District Court, E.D. New York.

June 4, 1990.

Attorney(s) appearing for the Case

Hart & Hume, New York City, for plaintiff; Maureen Glynn Powers and Henry James Wallach, of counsel.

Fisher & Fisher, Brooklyn, N.Y., for defendant and third-party plaintiff, Spartan Mechanical Corp.; Andrew S. Fisher and Peter M. Kutil, of counsel.

Victor A. Kovner, Corp. Counsel of the City of New York, New York City, for third-party defendants; Alan Winkler, Asst. Corp. Counsel, of counsel.

MEMORANDUM-DECISION & ORDER

BARTELS, District Judge.

This is a motion to dismiss a third-party complaint pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction, or, in the alternative, pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. The main suit is a diversity action predicated upon a breach of contract between Aetna Casualty & Surety Company ("Aetna") and Spartan Mechanical Corporation...

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