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WESTERN PENNSYLVANIA NATIONAL BANK v. AMERICAN INSURANCE COMPANY OF NEWARK

Nos. 17537, 17538.

428 F.2d 1220 (1970)

WESTERN PENNSYLVANIA NATIONAL BANK, Successor Trustee Under the Will of William F. Sullivan, Deceased v. The AMERICAN INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey Corporation, Appellant in No. 17,537. WESTERN PENNSYLVANIA NATIONAL BANK, Successor Trustee Under the Will of William F. Sullivan, Deceased v. NORTHERN INSURANCE COMPANY, a New York Corporation, Appellant in No. 17,538.

United States Court of Appeals, Third Circuit.

Decided July 22, 1970.

Attorney(s) appearing for the Case

Thomas Lewis Jones, White, Jones & Gregg, Pittsburgh, Pa., for appellants.

J. Paul Farrell, McKeesport, Pa., for appellee.

Before WINTER, ALDISERT and GIBBONS, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

These appeals in diversity actions governed by the substantive law of Pennsylvania require us to decide whether a condemnee in possession has an insurable interest in real estate after the condemnor has published its declaration of taking and made the appropriate filing with bond. This issue is critical to the determination of the condemnee-appellee's claim for proceeds on fire insurance policies, a fire having occurred subsequent...

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