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UNITED STATES DISTRICT COURT
DISTRICT OF MAINE

THE TRAVELERS INSURANCE )

COMPANIES,  )  
)  
Plaintiff  )  
)  
v.  )  Civil No. 94-0285-B  
)  

HARTT TRANSPORTATION )
SYSTEMS, INC., )
)
Defendant/Third-Party Plaintiff )
)

v. )
)
JONES-HOXIE CORPORATION, )

) Third-Party Defendant )
MEMORANDUM OF DECISION AND ORDER ON JOINT MOTIONS FOR JUDGMENT ON STIPULATED RECORD1
On February 13, 1995, Defendant, pursuant to Federal Rule of Civil Procedure 12(b)(6),
moved to dismiss the complaint on the ground that it failed to state a claim upon which relief
could be granted.  The Court on February 24 agreed to treat the motion as one for Summary
Judgment pursuant to Fed. R. Civ. P. 56, and on May 3 the Defendant informed the Court it
intended to press this motion. On October 3, 1995 the Plaintiff moved for Summary Judgment.
The parties moved jointly for judgment on a stipulated record on December 20, 1995.2
1  Pursuant to Federal Rule of Civil Procedure 73(b), the parties have consented to allow the United States Magistrate Judge to conduct any and all proceedings in this matter.
2  Both the Plaintiff and Defendant have motions pending to strike or exclude testimony of certain witnesses. Plaintiff has moved to strike the affidavit of Michael Hartt on the grounds
The court raised sua sponte the issue of jurisdiction in view of the decision in Armistead
vs. C & M Transport, Inc., 49 F.3d 43, 46 (1st Cir. 1995).  The Court of Appeals in Armistead ruled that removing a workers

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Maine Law