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GENERAL REFRACTORIES v. FIREMAN'S FUND INS.

No. 02-2211.

337 F.3d 297 (2003)

GENERAL REFRACTORIES COMPANY; Grefco, Inc. v. FIREMAN'S FUND INSURANCE COMPANY; Gilberg & Kiernan; Andrew Butz General Refractories Company, Appellant.

United States Court of Appeals, Third Circuit.

Filed July 24, 2003.

Attorney(s) appearing for the Case

Michael Conley, [Argued], Anderson, Kill & Olick, Philadelphia, PA, Barry L. Katz, Bala Cynwyd, PA, for Appellant.

Ronald P. Schiller, Daniel J. Layden, Piper Rudnick, Philadelphia, PA, for Appellee Fireman's Fund Insurance Company.

James W. Christie, [Argued], Rex F. Brien, Christie, Pabarue, Mortensen & Young, Philadelphia, PA, for Appellees Gilberg & Kiernan and Andrew Butz.

Before RENDELL, AMBRO and MAGILL, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

General Refractories Company (GRC) appeals the dismissal with prejudice of its claims of abuse of process and civil conspiracy against the law firm of Gilberg & Kiernan and one of its attorneys, Andrew Butz, Esq. We agree with the District Court that the Complaint failed to state a claim, under Pennsylvania law, for abuse of process, but conclude that it abused its discretion in denying GRC leave to amend...

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