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PITTSBURGH BRIDGE & IRON WORKS v. LIBERTY MUT. INS. CO.

No. 19049.

444 F.2d 1286 (1971)

PITTSBURGH BRIDGE AND IRON WORKS, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY.

United States Court of Appeals, Third Circuit.

Decided July 6, 1971.

As Amended August 3, 1971.

Attorney(s) appearing for the Case

Frederick J. Francis, Meyer, Unkovic & Scott (William G. Boyle, Pittsburgh, Pa., on the brief, for appellant.

Frederick N. Egler, Egler, McGregor & Reinstadtler (Andrew N. Weil, Pittsburgh, Pa., on the brief), for appellee.

Before SEITZ and VAN DUSEN, Circuit Judges, and MASTERSON, District Judge.

OPINION OF THE COURT

MASTERSON, District Judge.

This is an action for contractual damages brought by Pittsburgh Bridge & Iron Works (hereinafter referred to as "PBI") against Liberty Mutual Insurance Company (hereinafter referred to as "Liberty Mutual") for Liberty Mutual's failure to defend a property damage claim made against PBI.

In 1963, Colorado Fuel & Iron Corporation (hereinafter referred to as "Colorado") entered into a contract with...

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