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MARYLAND CAS. CO. v. FORMWORK SERVICES, INC.

Civ. A. No. 91-K-762.

812 F.Supp. 1127 (1993)

MARYLAND CASUALTY COMPANY, Plaintiff, v. FORMWORK SERVICES, INC., Defendant.

United States District Court, D. Colorado.

February 10, 1993.

Attorney(s) appearing for the Case

Elliott R. Feldman, Cozen & O'Connor, Philadelphia, PA, James R. Florey, Jr., Gina Carter, Englewood, CO, for plaintiff.

Scott A. McGath, Montgomery, Green, Jarvis, Kolodny & Markusson, Denver, CO, for defendant.

MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

In this diversity action, Plaintiff Maryland Casualty Company seeks indemnification from Defendant Formwork Services, Inc. under a construction contract. Maryland Casualty's claim arises from damages it paid to Regina Dominguez after the death of her husband on a construction site. Formwork moves for summary judgment, asserting that Maryland Casualty may not sue on the contract because its subrogor...

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