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CENTEX-SIMPSON CONST. v. FIDELITY & DEPOSIT CO.

Civ. No. 91-0068-P-C.

795 F.Supp. 35 (1992)

CENTEX-SIMPSON CONSTRUCTION COMPANY, INC., Plaintiff, v. FIDELITY & DEPOSIT COMPANY OF MARYLAND, Defendant & Third-Party Plaintiff and The Fels Company, Inc., Defendant, and Federal Deposit Insurance Corporation, Defendant, and Donald Gleason and Cynthia Luce, Third-Party Defendants.

United States District Court, D. Maine.

May 26, 1992.

Attorney(s) appearing for the Case

Rick E. Lawrence, Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Portland, Me., for defendant F.D.I.C.

George F. Burns, Amerling & Burns, Portland, Me., for plaintiff Centex-Simpson.

Jon S. Oxman, Linnell, Choate & Webber, Auburn, Me., for defendant & third-party plaintiff Fidelity & Deposit.

Peter J. Detroy, III, Norman, Hanson & Detroy, Portland, Me., for third-party defendant Gleason.

OPINION AND ORDER ON STIPULATED RECORD

GENE CARTER, Chief Judge.

This case involves an interpleader action initiated by Centex-Simpson Construction Company, Inc. ("Plaintiff" or "Centex") against Fidelity & Deposit Company of Maryland ("Fidelity"), The Fels Company, Inc. ("Fels"), and the Federal Deposit Insurance Corporation ("FDIC").1 Fidelity filed on March 25, 1991, a counterclaim...

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