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C.T. BEDWELL & SONS, INC. v. INTERN. FIDELITY INS. CO.

Nos. 86-1598, 86-1624 and 86-1630.

843 F.2d 683 (1988)

CURTIS T. BEDWELL AND SONS, INC., Appellants, v. INTERNATIONAL FIDELITY INSURANCE COMPANY, Appellees, v. MARKIM, INC., Hennelly, John J., Hennelly, Margaret, John J. Hennelly, Inc., and Zimmerman, Fred, Trustee for John J. Hennelly, Inc., Appellees, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Fidelity and Guaranty Insurance Underwriters, Inc., and Reinsurance Corporation of New York and Travelers Indemnity Co. and Fireman's Fund Insurance Co. and Employers Reinsurance Corporation and American Reinsurance Company and Aetna Casualty & Surety Co., Appellants.

United States Court of Appeals, Third Circuit.

Decided March 31, 1988.

As Amended July 1, 1988.

Attorney(s) appearing for the Case

David A. Gradwohl (argued), Howard A. Rosenthal, Pelino & Lentz, P.C., Philadelphia, Pa., for appellants.

Arnold P. Borish (argued), Claire Rocco, John S. Summers, Hangley Connolly Epstein Chicco Foxman & Ewing, Philadelphia, Pa., for appellee International Fidelity Ins. Co.

David L. Creskoff (argued), Robert T. Carlton, Jr., Mesirov, Gelman, Jaffe, Cramer & Jamieson, Philadelphia, Pa., for appellee/cross appellant Fred Zimmerman, Trustee for John J. Hennelly, Inc.

Before SLOVITER, BECKER and GARTH, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

This is an appeal by Curtis T. Bedwell & Sons, Inc. ("Bedwell"), plaintiff and counterclaim defendant in a district court action arising out of a construction contract dispute, from the district court's Fed.R.Civ.P. 37(b) and (d) discovery sanctions orders which: (1) dismissed Bedwell's complaint; (2) decreed liability by default against it on a claim and counterclaim; and (3) awarded damages of $616,505 plus...

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