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FEDERAL RICE DRUG CO. v. QUEEN INSURANCE CO. OF AMERICA

Nos. 19540, 19541.

463 F.2d 626 (1972)

FEDERAL RICE DRUG COMPANY, a corporation, Appellant in No. 19,540, v. QUEEN INSURANCE COMPANY OF AMERICA, a corporation, Appellant in No. 19,541.

United States Court of Appeals, Third Circuit.

Decided June 29, 1972.

Attorney(s) appearing for the Case

John A. Metz, Jr., Metz, Cook, Hanna & Kelly, Pittsburgh, Pa., for appellant in No. 19540 and appellee in No. 19541.

Kim Darragh, Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, Pa., for appellant in No. 19541 and appellee in No. 19540.

Before SEITZ, Chief Judge, and KALODNER and GIBBONS, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

The appellant, Federal Rice Drug Company (the insured) in this diversity action brought suit against Queen Insurance Company of America, appellee and cross appellant (the insurer) for wrongful denial of coverage under a Comprehensive Business Policy. In a non-jury trial the district court held that the insured was not entitled to indemnity under the policy with respect to the claim in issue, but that the insurer...

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